Department of Justice Files Opposition to LCR Supreme Court Request to Vacate DADT Stay Order

Not that this is a shock but here we go……again.

Our pigheaded President and his Department of Justice has responded to the Log Cabin Republican request to vacate the stay that the Ninth Circuit placed on Judge Virginia Phillips’s injunction barring enforcement of ‘Don’t Ask, Don’t Tell’: (Please notice on how they always wait till the very last minute to do so)

According to MetroWeekly:

“In a filing at the U.S. Supreme Court this afternoon, the U.S. government, represented by acting Solicitor General Neal Katyal, asked the court to leave in place the stay of U.S. District Court Judge Virginia Phillips’s injunction of the “Don’t Ask, Don’t Tell” policy. The government’s argument would keep DADT in effect while the Log Cabin Republicans v. United States case is on appeal before the U.S. Court of Appeals for the Ninth Circuit.”

The response was requested from Justice Kennedy when the LCR application was filed

Said U.S. Solicitor General Neal Katyal in the briefing: “It was entirely appropriate for the court of appeals to defer to the considered judgment of senior military leaders that any change in policy must be done in an orderly and careful manner in order to be successful.”

Log Cabin Republicans lead attorney, Dan Woods has issued a statement:

We have reviewed the government’s opposition to Log Cabin’s application to vacate the stay of Judge Phillips’s injunction by the Ninth Circuit. In our view, the government’s lengthy, detailed, 29-page brief does not address the two key arguments we presented to the Supreme Court. First, we argued that the premise of the government’s position–that it needs time to conduct an orderly process of repealing DADT–is entirely speculative because Congress has not and very well may never repeal DADT; the government’s filing today does not address that issue. Second, we argued that the Ninth Circuit order did not take into account the harm to servicemembers and potential enlistees resulting from the stay; the government’s filing today does not respond to that point either. At this point, all we can do is to look forward to a favorable ruling from the Supreme Court.”

How pathetic is all this?  All this fuss, bother, insult, and utter BULLSHIT over the fact that Gays and Lesbians want to defend their country. A country which in fact does everything that it can to hold them back and keep them second class citizens.

It’s truly time for pressure and ridicule from abroad from CIVILIZED countries like Canada and the UK  to begin PUBLICALLY SHAMIING the United States for its treatment of LGBT citizens.

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Will Kohler

Will Kohler is a noted LGBT historian, journalist and owner of Back2Stonewall.com. A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Daily Beast, Hollywood Reporter, and Raw Story,

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2 thoughts on “Department of Justice Files Opposition to LCR Supreme Court Request to Vacate DADT Stay Order”

  1. It's ridiculous! I have known many guys in the military (army brat) and never have I heard any of them make degrading remarks about gays. To the contrary… they have served/bunked/showered with gay guys and didn't have a problem with it. I honestly don't think the servicemen care as much as conservatives would like the general public to think. These guys are willing to make the ultimate sacrifice for our country. They don't have time to worry about who is gay and who isn't.

    @J_Redux

  2. Anonymous,

    those are arguments for repealing the law, not for reversing the stay order.

    The injunction, if unstayed, could encourage homosexual servicemen to reveal their homosexual orientation or conduct and be subject to dismissal from the service if the Ninth Circuit or Supreme Court upholds DADT.

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