Friday, September 10, 2010
Via JMG: White House Responds To DADT Ruling
Towleroad has received the below statement from White House spokesman Shin Inouye.
"The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The President remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal."
Via JMG: Shannon Minter Explains DADT Ruling
"Judge Phillips has not yet entered the judgment. She asked the plaintiffs to submit a proposed order including a permanent injunction by September 16. When she enters the judgment, she can either permit it to take effect immediately, stay it while the decision is on appeal, or temporarily stay it to give the Ninth Circuit an opportunity to rule on whether her decision should be stayed during the appeal. Because this is a facial challenge, not just an as-applied challenge, if the decision is upheld on appeal, it will apply to the whole country and will be the end of Don't Ask, Don't Tell." - National Center for Lesbian Rights attorney Shannon Minter.Via JMG: CALIFORNIA: Federal Judge In Log Cabin Case Rules DADT To Be Unconstitutional
A federal judge in Riverside, California has ruled DADT to be a violation of the First Amendment rights of gay and lesbian soldiers. The ruling arose from a challenge filed by the Log Cabin Republicans.
U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military. Phillips said she would issue an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.Log Cabin Republicans head R. Clarke Cooper reacts: "As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane ‘don't ask, don't tell’ statute violates the Constitution,” said R.Clarke Cooper, executive director of the Log Cabin Republicans & Liberty Education Fund. “Today, the ruling is not just a win for Log Cabin Republican service members, but all American service members."
VIDEO: Rachel Maddow covers today's ruling.
As noted above, the federal government may appeal the decision. It is unclear what the status of DADT may be in the meantime. The Department of Justice has until September 23rd to submit objections to the judge's injunction.
Servicemembers United note that their executive director is the sole "injured party" named in the Log Cabin Republicans' suit.
"This is an historic moment and an historic ruling for the gay military community and for the readiness and integrity of our Armed Forces" said Alexander Nicholson, Executive Director of Servicemembers United and a former multi-lingual U.S. Army interrogator who was discharaged under 'Don't Ask, Don't Tell.' "As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication."VIDEO: Anderson Cooper covers the ruling.
More on this tonight as it develops. Here is the court's ruling.
DADT -- US District, virginia phillips
DADT -- US District, virginia phillips
Via JMG; DADT Ruling Reactions
Human Rights Campaign
“Today a federal judge affirmed what the vast majority of the American people know to be true – that it’s time for the discriminatory ‘Don’t Ask, Don’t Tell’ law to be sent to the dustbin of history. With this legal victory in hand, Congress is right now in a perfect position to strengthen our national security by ending a law that has discharged thousands of capable service members. With House passage already secured, the Senate can and should vote in the next few weeks to repeal ‘Don’t Ask, Don’t Tell’ and allow every qualified man and woman the chance to serve with honor.”
American Foundation for Equal Rights
"Today's court decision declaring "Don't Ask, Don't Tell" unconstitutional is yet another significant and long-overdue step toward full equality for all Americans. Along with the recent federal court decisions on DOMA and Proposition 8, it is clear that our nation is moving toward the day when every American will be treated equally under the law, as is required by our Constitution."
Stonewall Democrats
“Today’s Federal court decision calling the Don’t Ask, Don’t Tell policy unconstitutional on grounds that it violates gay military members' rights to free speech, due process and open association is another nail in the coffin of the policy.” Mitchell continued, “We’re glad that the Federal court agrees with President Obama’s position: that Don’t Ask, Don’t Tell needs to come to an end. Our Senators need to hear from their constituents demanding repeal. We also call on Senate Republicans to rise above the obstructionism they’ve been playing at for months and let a vote happen on what the vast majority of Americans want: repeal of DADT.”
Servicemembers Legal Defense Network
“We’re pleased by the judge's decision, but this decision is likely to be appealed and will linger for years. Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it.”
"Don't Ask, Don't Tell" Law Ruled Unconstitutional by Federal Judge
SU Exec. Dir. is Sole Named Injured Party in Case Brought by Log Cabin in 2004
FOR IMMEDIATE RELEASE
09/09/2010
WASHINGTON, D.C. - Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, proudly hailed today's announcement that U.S. District Court Judge Virginia A. Phillips has ruled that the 17-year old "Don't Ask, Don't Tell" law is unconstitutional. Judge Phillips also indicated that she will issue a permanent injunction barring the Department of Defense from carrying out further discharges.
"This is an historic moment and an historic ruling for the gay military community and for the readiness and integrity of our Armed Forces" said Alexander Nicholson, Executive Director of Servicemembers United and a former multi-lingual U.S. Army interrogator who was discharaged under 'Don't Ask, Don't Tell.' "As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication."
The case through which the law was struck down, Log Cabin Republicans vs. U.S.A., was originally filed in 2004 by the gay Republican organization Log Cabin Republicans. Servicemembers United's Executive Director, J. Alexander Nicholson, is the sole named injured party in the lawsuit.
The full 85-page ruling from Judge Phillilps can be found at:
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