News

Ninth Circuit, Department of Justice Erase Ruling Upholding Constitutional Rights of Servicemembers

September 29, 2011

(Washington, DC) - Log Cabin Republicans are disappointed that the Ninth Circuit Court of Appeals has ruled in favor of the Department of Justice, declaring Log Cabin Republicans v. United States moot and vacating the federal court ruling which declared "Don't Ask, Don't Tell" unconstitutional.

"Log Cabin Republicans v. United States said more than 'Don't Ask, Don't Tell' should be repealed - it stood for the fundamental constitutional rights of servicemembers not to be discriminated against by the nation they serve. President Obama should be ashamed that he is responsible for undoing that important precedent," said R. Clarke Cooper, Log Cabin Republicans Executive Director. "The ruling in Log Cabin Republicans v. United States is the reason why Congress finally acted to end this failed and unconstitutional policy. This decision by the Ninth Circuit denies more than 14,000 discharged gay and lesbian servicemembers an important means of obtaining justice for the wrong perpetuated against them under the ban, and leaves open the possibility of future violations of servicemembers' rights. The court can vacate this ruling, but that does not change the fact that 'Don't Ask, Don't Tell' was unconstitutional. Log Cabin Republicans are proud to have brought this case, proud of our victory at trial, and proud that the ruling in Log Cabin Republicans v. United States provided the necessary motivation to make repeal of 'Don't Ask, Don't Tell' a reality."

Lead plaintiff's attorney in Log Cabin Republicans v. United States, Dan Woods of White & Case, emphasized that the case is not over, saying, "We are, of course, disappointed by today's ruling but we will continue to fight on for the constitutional rights of all people impacted by Don't Ask, Don't Tell. This is an important issue for all Americans and we anticipate seeking re-hearing before the full Ninth Circuit."