Tag Archives: ruling

Log Cabin Republicans To Ask For Injunction To Halt DADT Discharges

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.

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

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

Supreme Court Rules That Washington State Anti-Gay Marriage Group Protect Marriage Washington MUST Hand Over Referendum 71 Petitioners Names

In a surprise ruling of 8 -1 The Supreme Court has ruled that Protect Marriage Washington, which organized the signature drive to get Ref 71 on the ballot Washington State’s residents who lent their names to put Referendum 71 on the ballot, which let voters choose to uphold the state’s “everything but marriage” law, must let their identities be know. Disclosing them does not violate the 138,000 petitioners’ First Amendment rights, the justices ruled, updating their decision to stay the Ninth Circuit’s ruling to make the names public. (Only Clarence Thomas voted to keep the names secret. He says a citizen’s privacy rights trump transparency in politics and was probably trying to find the cheapest way to just side with anti – gay Protect Marriage on this.)

The consequences of the ruling; it “could have far-reaching impacts, not just on the state’s initiative and referendum process, but also for other “open government” laws like the disclosure of who contributes to political campaigns, and how much they give and knocks down the silly and irresponsible arguments from opponents of gay marriage, who say democracy should happen in secret. No longer will these individuals be able to deny rights to Americans without being held publicly accountable

The National Organization For Marriage and the Mormon Church must be terriffied. (GOOD!)

This is a good day.