CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
A total of 21 U.S. senators have signed on a to letter urging Atty. Gen. Eric Holder not to appeal last month's ruling by Judge Virginia Phillips that found "don't ask, don't tell" to be unconstitutional. Phillips ordered Tuesday afternoon that all discharges under the policy be halted, and by early evening the Department of Justice had given no indication whether it would seek to stay the injunction on discharges.
Senators Mark Udall of Colorado and Kirsten Gillibrand of New York led the effort to circulate the letter, which they originally sent to Holder last month.
"In light of important national security concerns, we respectfully request that you, in your capacity at the Department of Justice, refrain from appealing this decision or the permanent injunction granted against this law," the senators wrote to Holder.
"President Obama, Defense Secretary Robert M. Gates and Admiral Mike Mullen, chairman of the Joint Chiefs, have all publicly advocated for the repeal of this harmful law," the senators continued. "There is no legal or military justification and not one shred of credible evidence that supports continuing the discriminatory DADT law, and considering the guidance of the commander-in-chief and the nation's top two defense officials, we urge you to refrain from seeking an appeal. The federal court decision was a step in the right direction, and we are confident that the Senate will take the ultimate step by voting this fall on the fiscal year 2011 National Defense Authorization Act to permanently lift the ban on gays in the military. Although we understand that only action by Congress can bring real finality to this issue, we believe an appeal of the recent federal court decision could set back those congressional efforts. Therefore, we request your assistance in ensuring that we can eradicate this discriminatory law permanently and urge the Justice Department to choose not to appeal any court decision that would keep this law in place."
Udall and Gillibrand originally sent the letter to Holder in September. They are now joined by Senators John Kerry (D-Mass.), Charles Schumer (D-N.Y.), Roland Burris (D-I;;.), Sheldon Whitehouse (D-R.I.), Mary Landrieu (D-La.), Bernard Sanders (I-Vt.), Jeff Merkley (D-Ore.), Jeanne Shaheen (D-N.H.), Tim Johnson (D-S.D.), Al Franken (D-Minn.), Barbara Boxer (D-Calif.), Russ Feingold (D-Wis.), Frank Lautenberg (D-N.J.), Richard Durbin (D-Ill.), Bob Menendez (D-N.J.), Michael Bennet (D-Colo.), Barbara Mikulski (D-Md.), Sherrod Brown (D-Ohio), and Ben Cardin (D-Md.). The additional signatures are a testament to the support in the U.S. Senate for repeal of "don't ask, don't tell."
Full text of the letter is below:
Dear Mr. Attorney General,
We are writing to bring to your attention the recently issued decision of Judge Virginia A. Phillips of the United States District Court of the Central District of California in Log Cabin Republicans v. United States, which declared that the "Don't Ask, Don't Tell" (DADT) underlying law violates the U.S. Constitution's guarantees of due process and free speech, thereby rendering DADT unconstitutional. In light of important national security concerns, we respectfully request that you, in your capacity at the Department of Justice, refrain from appealing this decision or the permanent injunction granted against this law.
The following quote from the judge's decision captures the overwhelming reason why the decision should stand: "Among those discharged were many with critically needed skills ... Far from furthering the military's readiness, the discharge of these service men and women had a direct and deleterious effect on this governmental interest." As one of many criteria that the Justice Department will examine in deciding whether to appeal the permanent injunction to this policy, we ask that you examine whether or not an appeal furthers a legitimate governmental interest. We would say any appeal does not.
Additionally, DADT harms military readiness, as well as the morale and the cohesiveness of our armed forces, at a time when our military's resources are strained and unity is critically important. For every person discharged after ten years of service, six new servicemembers would need to be recruited to recover the level of experience lost by that discharge. This not only weakens our military, but neither is it an effective use of our government resources or taxpayer monies.
President Obama, Defense Secretary Robert M. Gates and Admiral Mike Mullen, chairman of the Joint Chiefs, have all publicly advocated for the repeal of this harmful law. There is no legal or military justification and not one shred of credible evidence that supports continuing the discriminatory DADT law, and considering the guidance of the commander-in-chief and the nation's top two defense officials, we urge you to refrain from seeking an appeal. The federal court decision was a step in the right direction, and we are confident that the Senate will take the ultimate step by voting this fall on the fiscal year 2011 National Defense Authorization Act to permanently lift the ban on gays in the military. Although we understand that only action by Congress can bring real finality to this issue, we believe an appeal of the recent federal court decision could set back those congressional efforts. Therefore, we request your assistance in ensuring that we can eradicate this discriminatory law permanently and urge the Justice Department to choose not to appeal any court decision that would keep this law in place.
Thank you for your attention to this urgent matter. We look forward to hearing from you.
Sincerely,
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Pride
Yahoo FeedIndulge in luxury and sensuality with The Pride Store’s Taurus gift guide
April 22 2024 11:46 AM
The gay man leading the Earth Day Initiative offers hope for the future
April 22 2024 9:00 AM
Pattie Gonia takes drag and fierceness to Capitol Hill to voice environmental concerns
April 22 2024 8:23 AM
Jodie Foster leaves her mark in cement at L.A.'s Chinese Theatre
April 22 2024 7:55 AM
Climate change has a bigger impact on LGBTQ+ couples than straight couples. Here's how
April 22 2024 7:42 AM
Iraq postpones vote on bill punishing gay sex with death
April 20 2024 1:31 PM
Russian poetry contest bans entries from transgender poets
April 20 2024 1:25 PM
Here's who won 'RuPaul's Drag Race' season 16
April 20 2024 1:01 PM
The Tip Off: A beginners guide to the WNBA
April 20 2024 11:06 AM
John Fetterman challenges Pa. school board’s cancellation of talk by gay actor
April 19 2024 2:39 PM
New study finds inadequate response to mpox outbreak
April 19 2024 2:06 PM
Fighting back against MAGA’s attacks on equality
April 19 2024 1:00 PM
Just one Christian Nationalist group is behind Idaho's bans on trans care and abortion
April 19 2024 11:57 AM
Linda Perry opens up in new documentary, premiering in June at Tribeca Festival
April 19 2024 11:43 AM