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.
In light of congressional repeal of "don't ask, don't tell," signed into law by President Barack Obama last week, the Justice Department is now seeking to suspend its appeal in the Log Cabin Republicans' longstanding federal lawsuit against the policy.
In a late Wednesday filing to the U.S. court of appeals for the ninth circuit, Justice Department attorneys wrote that the "orderly" terms of repealing DADT as set forth by the law will likely obviate the government's appeal in the case.
But Log Cabin Republicans executive director R. Clarke Cooper called the motion a stall tactic that would delay the government's opening brief in the appeal due January 24. "The DOJ can hardly argue now that 'don't ask, don't tell' is constitutional," Cooper told The Advocate. "The government is trying to avoid an embarrassing situation, and it ignores the fact that the military remains free to discharge personnel."
Dan Woods, lead attorney for the Log Cabin Republicans, told The Advocate following the repeal bill signing ceremony last week that he would not agree to suspend the suit, given that "don't ask, don't tell" technically remains in effect. "Unless the government agrees not to discharge any more service members, our lawsuit is alive and kicking," Woods said.
In its filing, Justice Department attorneys wrote that the "don't ask, don't tell" repeal act "establishes an orderly process" for ending the policy. As part of that process, President Obama, Defense secretary Robert M. Gates, and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen must all certify that ending DADT "is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces."
Under terms of the law, repeal would not go into effect until 60 days after the certification process is complete. Advocacy groups such as Servicemembers Legal Defense Network have warned gay and lesbian service members not to come out unless repeal is fully implemented.
In September a federal district judge in Riverside, Calif., ruled "don't ask, don't tell" unconstitutional in the Log Cabin case and issued a worldwide injunction banning enforcement of DADT. Government attorneys argued that an abrupt end to the policy would be disruptive, resulting in "immediate harm" to the armed forces. In a split decision, a three-judge panel of the ninth circuit agreed and stayed the injunction.
"In granting a stay pending appeal, this Court recognized the necessity of an orderly process in the Executive and Legislative Branches regarding any repeal of [DADT]," government attorneys wrote. "Since that time, that process has been proceeding in a timely manner in both Branches. This Court should now suspend the briefing schedule and hold the case in abeyance to allow that process to continue to completion."
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
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
30 Steamy Photos of Folsom Street Fair 2023 Debauchery
October 15 2023 11:06 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
60 Burly Pics from Bearrison Street Fair 2022
October 08 2023 8:30 PM
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
White House calls Republican spending bill’s ban on the Pride flag ‘inappropriate’
March 25 2024 8:17 PM
Plus
Yahoo FeedSexual Assault Survivor Stephen Hart Uses Theater to Heal
March 25 2024 5:55 PM
Neo-Nazis suspected of killing 72-year-old gay man after escaping from prison
March 25 2024 3:58 PM
'Fractured landscape:' Abortions in the U.S. are increasing, despite 'drastic' bans
March 25 2024 3:06 PM