Sunday, January 30, 2011

Ninth Circuit Refuses to Suspend 'Don't Ask Don't Tell' Case

In a move that I believe is 100% correct - especially in light of the U. S. military's attempts to charge back monies against LGBT service members under DADT and to reduce their separation payments - the 9th Circuit has rejected the Obama DOJ's request that Log Cabin Republicans v. United States be suspended in light of the still not implemented repeal of DADT. DADT has always been nothing more than a law that deliberately discriminates against gay Americans based on the prejudices of and special rights wrongfully given to conservative Christians. As such, the nation needs to have a judicial invalidation of the law as unconstitutional in order that service members discharged under it and penalized by the military on their discharge can have redress. If Obama truly were the "fierce advocate" he pretends to be, the government would never have appealed the ruling of Judge Phillips or the world wide injunction she entered. As long as Obama continues to direct his DOJ to appeal pro-gay rulings, in my book, he cannot be trusted whatsoever. Is he better than having a GOP president? Definitely. Can he be trusted? Not at all given that he continues to lie and try to have things both ways. Here are highlights from ABC News:
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The 9th U.S. Circuit Court of Appeals in San Francisco issued an order requiring the Department of Justice to file papers by Feb. 25 that outline why the court should overturn the decision of a California judge who ruled the military's "don't ask, don't tell" policy unconstitutional.
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District Court Judge Virginia Phillips made the ruling to enjoin the military from enforcing the policy in September, three months before the Dec. 18 vote that overturned "Don't Ask, Don't Tell." Phillips was persuaded by a lawsuit brought on by the gay political group The Log Cabin Republicans.

Meanwhile, openly gay servicemen and women are still being discharged, according to R. Clarke Cooper, president of The Log Cabin Republicans. Cooper said today that while he thinks the Pentagon's efforts are sincere, the case should proceed as long as gay service members still can be discharged.
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"We said all along to the government we would drop our case if they would cease all discharges and remove all barriers to open service," said Cooper, an Army reserve officer, who added that he knew of at least one service member facing a discharge hearing next month.

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