Just because Congress and President Obama authorized the eventual repeal of Don’t Ask Don’t Tell doesn’t mean the Log Cabin Republicans have abandoned their federal lawsuit that’s trying to get the courts to knock down the law as unconstitutional. The group was filing with the court yesterday, asking the 9th U.S. Circuit Court of Appeals to ignore the Obama administration’s attempt to delay proceedings and move forward with its lawsuit. “Although a bill to repeal the Don’t Ask, Don’t Tell statute has been passed and signed by the president, this legislative ‘repeal’ is not yet effective,” says LCR in its brief. “They have said they would continue to enforce it,” LCR attorney Dan Woods tells Reuters. “They sent memos to members of the service saying, ‘If you’re gay, don’t come out.'” Openly gay individuals also remain barred from enlisting in the service for the time being.” And while the Ninth Circuit, which refused to lift a stay on Judge Virginia Phillips’ ruling that knocked down DADT, because letting gays serve openly would be a change of “magnitude,” figures out its course of action, the Justice Department still has a few other gays coming after it.
Cam
Actually, the repeal doesn’t change anything with the case because
1. It hasn’t been enacted yet
2. There is no definit date for it to be enacted
3. They could stall implementation for years
4. The White House stripped out any language that barred discrimination from the repeal to technically even after repeal there is no language protecting gays from being discriminated agaist.
For all those reasons the court shouldn’t consider that the suit is a moot point.
HOWEVER, the fact of Congress voting on the repeal DOES do one thing. The Justice dept. can no longer use it’s claim that the policy being struck down is not what the govt. wants, and is bad for the military because both the White House and Congress supported the appeal and that kills that line of reasoning for them. Should be interesting to see them scramble to change their tactics if the case continues.
Daez
Also, this case could set quite a few judicial precedents including officially recognizing GLB members as a legitimate legal minority. Each case will continue to chip away at the political regime until the political regime decides to actually follow the constitution.
the crustybastard
Congress passed, and Obama signed a bill that merely allowed for the possibility of repealing the gay ban at an unspecified date in the future, and it also allowed for the possibility the ban could remain law indefinitely.
Since the gay ban is still the law, the issue isn’t moot.
[email protected]
WHY, oh ye Obambots, is Obama’s DOJ still trying to legally kill the ruling that would order EXACTLY what “the study” documented that the majority of nongay troops would be totally fine with NOW—an immediate end to the ban?
And WHY is he letting co-President Gates continue to refuse refusing to let it happen, insisting on things that the “repeal” bill DOES NOT REQUIRE: specifically that changing regulations, preparing training materials, training the servicemembers, and that the “Service Chiefs are comfortable that the risks to unit cohesion and combat effectiveness of a change have been addressed to their satisfaction” must happen BEFORE he will “certify”? You remember those gay-loving service chiefs don’t ja, like this one?
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Meanwhile, despite what Gates, the documented serial liar when he was at the CIA, claims, the Palm Center Director Aaron Belkin says that:
“it shouldn’t be a long process because the Pentagon ALREADY ESTABLISHED A POLICY TO ALLOW GAYS TO SERVE OPENLY in the military when [in the LCR case] a California federal court in October issued an injunction that temporarily enjoined enforcement of the law. ‘Although they haven’t acknowledged this in public, THE REPLACEMENT REGULATIONS HAVE ALREADY BEEN WRITTEN, and so the Pentagon could easily repeal the ban TODAY if there was the political will’, Belkin said. ‘The foot-dragging is NOT about some sincere or legitimate sense that the troops need to be trained on how to deal with gays; it’s because [service chiefs like on his way out Army Chief of Staff George Casey] don’t want to be around when the policy happens’.” – The Washington Blade, January 6, 2011.
Further:
“Any claim that [implementation cannot happen] until after the completion of exhaustive training is inconsistent with DoD history and not based on military necessity. Whatever preparations are ultimately deemed necessary, the Pentagon ought to be able to pull them off faster than it did the implementation of DADT in 1994, which took approximately 40 days. Case studies demonstrate that training can take place quickly, even in combat zones, and that policies are generally implemented BEFORE OR CONCURRENT WITH training. The Pentagon’s request for up to a year to train the troops prior to the repeal of DADT is unprecedented. Training is not a prerequisite…to claim otherwise is a vote of no confidence in members of the armed forces, is not supported empirically, and is suspiciously dilatory. Training, like the formal publication of instructions, can occur (and has occurred) ex post facto.” – The Palm Center, December 19, 2010.
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CJ
I see one of the greatest values is that it keeps LGBT rights in the judicial mainstream. In order for an increasing number of judges and legislators (in states too) to support equality, they need to see a continual wave of public support… and judicial pressure. Of course, judicial victories also add up.
Assuming the society as a whole continues to move towards equality (inch by inch) it will be increasingly difficult for judges and legislators to deny equality. Granted, it is one step at a time – and sometimes taking a step backwards. But, there continues to be forward movement.
I say that they’re doing the right thing. Let the lawsuits continue. Don’t let the small steps Obama has taken cause everyone to be happy and passive. Equality has not arrived. Discrimination still exists. Domestic partnerships are still telling gays to sit in the back of the bus. You can be on the bus… but you can’t ride in the front with the straights.
Cam
Most importantly a subsequent president could, with a helpful congress reimplement the ban, but if the court strikes it down it’s a done deal.