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Why Is Obama Trying to Kill Log Cabins’ DADT Lawsuit? (Do You Have to Ask?)


We’re not quite sure the Justice Department’s latest motion is “extraordinary,” but it is typical: Obama’s lawyers are trying to get a court to throw out a case filed by the Log Cabin Republicans, claiming Don’t Ask Don’t Tell is discriminatory. Put your eyebrows back down; don’t look surprised

“In a move consistent with other contradictory behavior on LGBT issues,” LCR writes in a release, “the Obama administration has directed its Justice Department to file an extraordinary motion to get Log Cabin Republicans’ lawsuit against the ‘Don’t Ask, Don’t Tell’ law thrown out of court, despite a federal judge’s ruling that it can proceed. The 11th-hour move for interlocutory appeal, which seeks to stay proceedings and block discovery, was surprisingly formulated at the same time that President Obama was reassuring LGBT activists that he still firmly opposes the ‘Don’t Ask, Don’t Tell’ law at the Human Rights Campaign’s annual dinner earlier this month in Washington, DC.”


So what happened? Well, Obama doesn’t want to deal with Log Cabin Republicans vs. the United States of America, where plaintiffs like former Army soldier Alexander Nicholson (a multi-lingual Human Intelligence Collector) say they were fired under DADT. (The case also includes a “John Doe” plaintiff, who remains unnamed because he’s currently serving in the military, and outing himself would get him dismissed. Though by not being dismissed yet, we wonder if a judge will find that he has standing to bring the case.)

The case was filed over four and a half years ago, and currently sits in the hands of Judge Virginia Phillips in the Central District Court of California (that’s federal court). For its part, LCR, represented here by White & Case LLP, has been a vocal critic of Obama (which was to be expected because of his political party), but has joined most gay groups aside from HRC is pointing out Obama’s failures to live up to promises made to the LBGT community.

Though here’s the real frustration: Judge Phillips already denied the Justice Department’s attempt to dismiss the case.

But hey, it’s par for the course when it comes to the White House and handing gay issues in the courts. Obama’s strategy? Dismiss, dismiss, dismiss.