Tag Archives: DADT Ruled Unconstitutional

Log Cabin Republicans To Ask For Injunction To Halt DADT Discharges

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The Log Cabin Republicans will ask a federal judge today (Thursday 10/16)  to order the Pentagon to stop enforcing “Don’t ask, Don’t tell,” the law barring gays from serving openly in the military.

U.S. District Judge Virginia Phillips last week ruled that the  law violates the First and Fifth Amendments of the Constitution. Now, attorney Dan Woods, who represents the gay-rights group, is looking for a more practical ruling.

“The case may be tied up in litigation for several more years,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, a nonpartisan group that offers free legal services to those affected by the law. 

“We want her to block any further enforcement or application of don’t ask, don’t tell wherever we have military operations — not just in California, not just in this country but wherever we have military bases anywhere in the world,” he said..  A Pentagon official said government lawyers will likely object to a court injunction. There has been no word from the Justice Department.

The White House (Kind Of) Responds To The Ruling That "Don’t Ask, Don’t Tell" Is Unconstitutional

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Andy Towle over at Towleroad reached out to the White House today to get a response to yesterday’s ruling declaring “Don’t Ask, Don’t Tell” unconstitutional.

This is the response that he recieved from White House spokesman Shin Inouye:

“The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The President remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal.”

Blah, blah, “study,” blah, fuckin’ blah.
 
“The President remains committed to legislative repeal of DADT”  
 
Translation:   He’s going to let this go to Congress where it will fail miserably after the November Republican Reclamation of Congress, which was doubtless the plan all along.
 
Know what Obama.  Fuck you I want my vote back!

"Don’t Ask, Don’t Tell" Ruling Reactions: The Good, The Bad, and the BIZARRE!

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Here’s a  look at the reactions that are coming in to yesterdays ruling by U.S. District Court Judge Virginia A. Phillips that #DADT is indeed Unconstitutional.

THE GOOD
American Foundation for Equal Rights “Today’s court decision declaring “Don’t Ask, Don’t Tell” unconstitutional is yet another significant and long-overdue step toward full equality for all Americans. Along with the recent federal court decisions on DOMA and Proposition 8, it is clear that our nation is moving toward the day when every American will be treated equally under the law, as is required by our Constitution.”

Stonewall Democrats
“Today’s Federal court decision calling the Don’t Ask, Don’t Tell policy unconstitutional on grounds that it violates gay military members’ rights to free speech, due process and open association is another nail in the coffin of the policy.” Mitchell continued, “We’re glad that the Federal court agrees with President Obama’s position: that Don’t Ask, Don’t Tell needs to come to an end. Our Senators need to hear from their constituents demanding repeal. We also call on Senate Republicans to rise above the obstructionism they’ve been playing at for months and let a vote happen on what the vast majority of Americans want: repeal of DADT.”

Servicemembers Legal Defense Network
We’re pleased by the judge’s decision, but this decision is likely to be appealed and will linger for years. Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it.”

Human Rights Campaign
I’m not posting tthe HRC’s response because I no longer recognize them as a true LGBT Rights Organization and I really don;t give a fuck what thopse posers have to say.
 

THE BAD
 
Tony Perkins of the Family Research Council (aka Princess Tiny Meat)
“It is hard to believe that a District Court level judge in California knows more about what impacts military readiness than the service chiefs who are all on the record saying the law on homosexuality in the military should not be changed. Once again, homosexual activists have found a judicial activist who will aid in the advancement of their agenda. This is a decision for Congress that should be based upon the input of the men and women who serve and those who lead them.”
 B. Daniel Blatt: Gay Patriot Blogger, GOProud member and all around asshole
“Here we go again. While I believe DADT should have been overturned years ago, I don’t believe it is a court’s role to determine military policy. Let’s just have Congress overturn this law to avoid a prolonged legal battle. [snip] From a quick scan of the opinion, my sense is the judge relies less on the actual text of the constitution and more on twisting past rulings to yield the result she wants.”
 
THE JUST PLAIN BIZARRE!
  (The National Organization For Marriage Supports The DADT Repeal?)

*One Man-One Woman is an astroturfing group of NOM run by one of its high ranking members.

Don’t Ask, Don’t Tell Ruled Unconstitutional By Federal Court Judge! DADT Overturned! (Read The Ruling)

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U.S. District Court Judge Virginia A. Phillips, in a case brought forth by the Log Cabin Republicans has issued a ruling on Don’t Ask, Don’t Tell and has found it to be UNCONSTITUTIONAL saying that the “Don’t ask, Don’t tell” policy violates the 1st Amendment rights of lesbians and gay men.  Phillips also added that the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Closing arguments were held in the case on July 23, at which time the plaintiffs asked the court to declare the policy unconstitutional and issue an injunction, which Phillips did today.

The AP adds: “Government lawyers argued Phillips lacked the authority to issue a nationwide injunction and the issue should be decided by Congress…Six military officers who were discharged under the policy testified during the trial. A decorated Air Force officer testified that he was let go after his peers snooped through his personal e-mail in Iraq…Lawyers also submitted remarks by Obama stating ‘don’t ask, don’t tell’ weakens national security.”

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.

The Judge ruled that DADT violates the First and Fifth amendments and the plaintiffs are entitled to a permanent injunction “barring its enforcement.” LCR has seven days to submit a “Proposed Judgment.” The DOJ will have seven days to submit its objections to that.

Once again we are beholden to the Federal Courts for doing what our elected officials who tell us lies and take our donations are too afraid to do.  It seems our new path is clear.  The Courts are the way to go.

I never thought I’d say this this but way to go Log Cabin Republicans.  I wonder why our “Gay Inc” never thought of this.  Oh yes, they were too busy kissing Democrats asses and going to cocktail party’s and happily content believing the lies they were fed while schmoozing with the President.  Here’s an idea for Obama’s Department Of Justice ( Don’t object to the proposed judgment. Don’t ask for a stay of the judgment or the injunction. And don’t appeal this decision. Let DADT die and maybe,  just maybe you can save a little face in the gay community.

***You can READ Judge Philips Decisions and the reactions by Sen Kristen Gillibrandt, Servicemembers United’s Executive Director Alex Nicholson, and the Log Cabin Republicans after the jump……

*Statement from Servicemembers United’s Executive Director Alex Nicholson, one of the parties in the case:

“This is an historic moment and an historic ruling for the gay military community,” said Alexander Nicholson, Executive Director of Servicemembers United and a multi-lingual U.S. Army interrogator who was discharged under ‘Don’t Ask, Don’t Tell.’ “As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication.”

*Statements from The Log Cabin Republicans and its lawyer:

R. Clarke Cooper, Executive Director, Log Cabin Republicans & Liberty Education Forum:
“As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane Don’t Ask Don’t Tell statute violates the Constitution. Today, the ruling is not just a win for Log Cabin Republican servicemembers, but all American servicemembers.”

Dan Woods, White & Case partner who led the matter for Log Cabin Republicans:
“We are delighted with the court’s ruling in favor of Log Cabin Republicans in this important case. The court’s opinion finds that “Don’t Ask, Don’t Tell” is unconstitutional, and the court will issue a permanent injunction preventing the government from further enforcement of this unconstitutional statute. This is a major victory in the fight for equality and means that military service will be available to all Americans, regardless of their sexual orientation.”

The Decision