Obama DOJ Seeks Hold on Log Cabin DADT Lawsuit Appeal

While the legislation to repeal DADT has been signed into law, I for one believe that the appeal in Log Cabin Republicans v. United States needs to proceed. Candidly, I still have ZERO confidence in this White House and/or the powers that be at the Pentagon. We need a court ruling declaring DADT unconstitutional so that no games can be played with repealed moving forward and so that some GOP controlled Congress cannot reimpose anti-gay restrictions. Thus, I hope the Ninth Circuit ignores the request of Obama's Department of Justice. For far too long, LGBT service members have been at the mercy of the legislative whims of legislators enshrining their own religious based bigotry into the nation's laws. The DOJ filing can be found here. Chris Geidner looks at the situation at Metro Weekly and here are some highlights:
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One week after President Barack Obama signed the Don't Ask, Don't Tell Repeal Act into law, the Department of Justice filed a motion in the Log Cabin Republicans' challenge to DADT to put the case on hold indefinitely to allow the president and Defense Department leadership to take steps detailed in the Repeal Act to end the ban on openly gay, lesbian and bisexual service.
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Although the government's opening brief in the appeal of U.S. District Court Judge Virginia Phillip's ruling is scheduled to be submitted to the Ninth Circuit by Jan. 24, the DOJ lawyers have asked for the case to be put on hold to conserve the court system's resources and out of "respect for determination by the political branches that the orderly process mandated by the Repeal Act is necessary and appropriate to ensure that military effectiveness is preserved."
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LCR's executive director, Clarke Cooper, disagreed in a statement on Jan. 3, saying, "Passage of the 'Don't Ask, Don't Tell' Repeal Act of 2010 was an important step toward open service, but until open service is a reality, our legal battle remains necessary."
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In the filing, DOJ lawyers made clear that DADT remains in effect until then -- as does the enhanced policy that DADT-related discharges need "the personal approval of the Secretary of the Military Department concerned, in coordination with the Under Secretary of Defense for Personnel and Readiness and the General Counsel of the Department of Defense." Should the court grant the motion, the government lawyers state that they are "prepared to advise the Court within 90 days as to the status of the certification process."
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Regardless, it is the possibility of any continued enforcement of DADT in the meantime that has caused concern for LCR and its lawyers.
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For LCR, though, continued delay of the case while the law remains in effect means continued risk to the careers of the gay, lesbian and bisexual servicemembers who are the targets of DADT investigations. LCR is expected to file a motion opposing the government's request.
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Dan Woods, the lead attorney for LCR and a partner at the law firm of White and Case, said in a statement issued on Jan. 3, "I reached out to my counterparts at the Department of Justice and offered to accept a stay if the government would agree to immediately end all discharges under 'Don't Ask, Don't Tell.' The Obama administration refused, and insists on continuing its enforcement of a policy that has been rejected by Congress, the military, and the American people."