Now that the DADT Repeal has been implemented the The Ninth Circuit Court of Appeals has 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.’”
The question is did the Ninth Circuit drag its heels and wait until after the DADT Repeal became effective so it would not have to rule in favor of the LCR and against the Federal Government and thus NOT set a precedent.
IF the Ninth Circut did indeed declare DADT unconstitutional . Future administrations and Congress could not reinstate it and declaring it unconstitutional would have paved the way for soldiers discharged under DADT to get reinstatement, back pay, or other compensation for being unlawfully discriminated against.
But what really hurts in this decision is that the Ninth Circuit vacated all of the lower courts finding. So all the findings in favor of Log Cabin Republicans suits are now gone and stricken from the record. and have absolutly no precedential, preclusive, or binding effect on any anti-gay case in the future. Including if God forbid DADT was reinstated.
Soi basically what the Ninth Circut said was. You got what you wanted so now go away and lets make believe that none of this happened, okay?
The status of ENDA today is bleak for any passage or even work this year and it seems to be, as always the fault of The Senate (That IMO needs to be dismantled)
This issue is just not ready for the Senate,” said an LGBT advocate and political insider who spoke on the condition of anonymity. “The procedural aspects of debate would make it way too easy for a [Sen. Jim] DeMint or a [Sen. Tom] Coburn to demagogue.”
Recently Nancy Pelosi told The Washington Blade that lawmakers need to complete their work on “don’t ask, don’t tell” before moving on to ENDA. “Our work is not finished in that regard, so one thing at a time,” Pelosi said.
Well we all know the clusterfuck that the DADT (Non repeal) has become so it looks like we’ve been screwed again.
Right after Obama was elected and the stalling began I predicted that if LGBT rights were not dealt with right away that they wouldn;t be until after the 2010 mid-term election. But then we have will have to deal with the obvious loss that the Democrats are going to dealt on the hill and also to the gearing up for the Presidential election in 2012.
If it hasn’t become clear to you yet that they are slowing fucking us you are blind. In denial. Or both!
There is absolutely no excuse, for not passing ENDA in the Senate. ENDA, passed the senate under Bush when the Dems had a much smaller majority, and the White House had declared it’s firm opposition to the measure.
We are not a priority to them and in all honesty they are beginning to look like in no way do they want to “give” us rights or “allow” us the same rights that their childeren and grandkids have.
We need to start looking at what we can not give to them in return and TAKE what is rightfully ours.