Ninth Circuit Welcomes Future Anti-Gay Laws By Throwing Out Log Cabin DADT Case

The Ninth Circuit Court of Appeals just dismissed the Log Cabin Republican’s case against “Don’t Ask, Don’t Tell” stating that “the repeal, in short, gave Log Cabin ‘everything’ its complaint ‘hoped to achieve.'” This is bad news.

The LCRs wanted a federal court to declare the law unconstitutional so that a future administration could not come back and reinstate DADT or a similar anti-gay law. They also hoped a decision against DADT would help pave the way so the thousands of soldiers discharged under the law could “get reinstatement, back pay, or other compensation for having their careers cut short.”

But the Ninth Circuit’s ruling even went so far as to vacate the district court’s rulings and findings in the LCR’s case saying, “We vacate the district court’s judgment, injunction, opinions, orders, and factual findings—indeed, all of its past rulings—to clear the path completely for any future litigation. Those now-void legal rulings and factual findings have no precedential, preclusive, or binding effect.”

The judicial branch would like to pretend that all is good and well now that DADT is gone, but nothing could be further from the truth. A ruling in favor of LCR would have gone a long way towards ensuring that such a law never got onto the books ever again, something which remains a possibility now that this case has been rendered moot. Looks like our only hope is with a court declaring the Defense of Marriage Act unconstitutional.