Obama Administration Aggressively Defends “Don’t Ask, Don’t Tell” in Court

Saturday, October 24, 2009

brokeback-obama-biden

Can our community’s “fiercest advocate” please make up his fucking mind? In a move consistent with previously contradictory behavior vis a vis LGBT issues, the Obama administration has directed its Justice Department to file an extraordinary motion to get a Log Cabin Republicans’ lawsuit against the ‘Don’t Ask, Don’t Tell’ law thrown out of court, despite a Federal judge’s ruling that it can proceed.

The 11th-hour move for interlocutory appeal, which seeks to stay proceedings and block discovery, was formulated at the same time President Obama was reassuring LGBT champagne queers that he firmly opposes ‘Don’t Ask, Don’t Tell’ at the Human Rights Campaign’s annual dinner just two weeks ago in Washington, DC.

According to Terry W. Hamilton, national Chairman of the Log Cabin Republicans:

“After President Obama clearly stated that his highest priority for the LGBT community was to repeal ‘Don’t Ask, Don’t Tell’, it is quite troubling to see this ‘about face.’ This aggressive move by President Obama’s Justice Department seriously undermines not only his commitment to our community and to the defense of our nation, but it also casts doubt on the motives of those at the highest levels of LGBT leadership in Washington who refuse to criticize the President over this double speak.”

The case in question, Log Cabin Republicans vs. the United States of America, is the first direct challenge to the ‘Don’t Ask, Don’t Tell’ in the wake of the Supreme Court’s decision in Lawrence v. Texas. It is also the only contemporary legal challenge to this law to succeed at the district court level. One of the injured parties named in the case, Alexander Nicholson, is a former U.S. Army Human Intelligence Collector who speaks multiple languages, including Arabic, and who was fired because of the ‘Don’t Ask, Don’t Tell’ just six months after 9/11. Another injured party in the case, listed simply as ‘John Doe’ currently serves in the Armed Forces and would face a discharge if his identity were revealed.

Log Cabin Republicans spokesman Charles T. Moran remarked:

“These continued obstructions launched by the Obama Justice Department are as insulting to the LGBT community as they are a serious threat to our military readiness. The constant delay tactics and attempts to have this case hurriedly dismissed without any discovery or argument would be a disservice to all those who have been involuntarily and abruptly fired under this law.”

District Court Judge Virginia Phillips of the Central District Court of California will consider the defendant’s motion on November 16th, 2009.

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12 Responses to Obama Administration Aggressively Defends “Don’t Ask, Don’t Tell” in Court

  1. Rev. Steve says:

    Do we have to have another march so soon? It seems to be the only thing that gets B.O.’s attention, even if only for just a few seconds. There’s a major case of ADD in the White House. Get out your marching shoes folks, looks like it’s gonna have to be weekly marches just to keep things moving.

  2. Abby Peripatetic says:

    Thanks for posting this at Salon. As usual, another very informative albeit troubling piece about how the Obama administration clearly lacks a cohesive plan for gay rights.

    I can already imagine how the president will try to spin this. The DADT policy is law, so until it is repealed, the Dept. of Justice is obligated to enforce the policy.

    Wiggle, spin, wiggle and spin. Sigh.

  3. Pechanga says:

    So I have a question?

    Once Don’t Ask, Don’t Tell is repealed, assuming it is repealed, is there any way the Obama administration can uphold it? Does repeal mean the policy is scuttled?

  4. Tao says:

    Since when have the Log Cabin Republicans been filling in for the ACLU?

    Why didn’t the Log Cabin Republicans initiate this lawsuit while GWB was President?

  5. Scott Dancer says:

    Tao,

    Lawyers on behalf of Log Cabin Republicans filed the suit in October, 2004.

    Log Cabin Republicans v. United States of America was filed in the United States Federal District Court for the Central District of California and sought to overturn “Don’t Ask, Don’t Tell.”

    I think this was arguably the only meaningful and valuable thing the Log Cabin Republicans have done in their entire existence.

  6. Arizona Leatherneck says:

    The Obama administration has within its power the ability to not vigorously enforce the uniform code of conduct pending the out come of hearings into the DADT policy scheduled in November.

    There’s a phrase that say’s “He’s talking out of both sides of his mouth.” This president is talking out of his ass.

  7. feminazi says:

    There is also a saying that goes “with friends like this, who needs enemies?” I realize the awful ‘Don’t Ask, Don’t Tell’ policy is still “the law of the land.” But if Eric Holder can see his way to not enforce state laws against medical marijuana, why can’t the DoJ work with the Pentagon to suspend enforcement of DADT until the damned policy is repealed? It always comes back around to leadership and I’m not seeing much leadership from this administration when it comes to gay Americans.

  8. Walk on Socks says:

    Pechanga,

    I’ve wondered the same thing as you.

    Let’s imagine DADT is repealed. The uniform code of conduct is still free to discharge gay and lesbian servicemembers based on such trumped up reasons as social stigma if a commanding officer is a homophobe and just has it out for a gay or lesbian soldier.

    From what I’ve read, a dishonorably discharged is fluid and unless it comes about as the result of a desertion or murder, the reasons can be highly subjective.

  9. DMason says:

    I wonder what the idiot Joe Solomnese has to say about this development? He had his tongue buried pretty far up Obama’s rectum two weeks ago. He is probably still gargling with Listerine.

  10. libhomo says:

    I’m worried about the involvement of the Log Cabin Republicans in all of this. Log Cabin is very homophobic. They might want to push this to embarrass Obama, but I’m afraid they’ll screw it up because they really don’t support lgbt rights.

  11. Pingback: DADT. Enough Already. » The Gaytheist Agenda

  12. Pingback: Chicago Boyz » Blog Archive » Two Faced About Face

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