Justice Dept. Opposes DADT Injunction: WH ‘Actively Examining’ It
September 24, 2010
(ChattahBox Political News)— The Department of Justice has appealed a federal court’s ruling striking down the Pentagon’s onerous “Don’t ask, don’t tell” policy as unconstitutional. The Obama administration’s filing argues that U.S. District Court Judge Virginia A. Phillips, should not issue a military-wide injunction against the enactment of DADT, because such action would cause disruption in the armed forces during a time of war. The Justice Department further argues that Congress, the Pentagon and the White House “are actively examining” the issue for an eventual ban on DADT. And that any injunction should only apply to members of the Log Cabin Republicans serving in the military.
The Washington Post writes:
‘”A court should not compel the Executive to implement an immediate cessation . . . without regard for any effect such an abrupt change might have on the military’s operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe,” government lawyers said in their filing.”
“U.S. District Judge Virginia A. Phillips ruled this month that “don’t ask, don’t tell” is unconstitutional and has a “direct and deleterious effect” on the armed services. The ruling came after a trial in which the Justice Department defended the law, even though President Obama supports a repeal of “don’t ask, don’t tell.” The policy forbids the military from asking about a service members”
The judge’s ruling earlier in the month was viewed as a great victory for the LGBT community. The “Don’t ask, don’t tell policy” has forced thousands of service men and women out of the military after being outed.
The Log Cabin Republicans honored Republican lawmakers the day after every single member of the Republican caucus in the senate filibustered a defense appropriations bill, because it contained a measure repealing DADT.
Sen. John McCain (R-AZ), the Republican lawmaker leading the charge against the repeal of DADT argued that Congress should take no action until a Pentagon review was completed in December.
R. Clarke Cooper, executive director of the Log Cabin Republicans, said “We are extremely disappointed with the Obama administration.”
Just to recap, every single Republican senator banned together to prevent a defense funding bill from even coming to the floor for debate and a vote, because it contained an amendment repealing DADT.