News

Log Cabin Republicans Response to Obama Administration's Request for Stay of Injunction Against 'Don't Ask, Don't Tell'

October 14, 2010

(Washington, DC) - Log Cabin Republicans is not surprised by the Department of Justice motion for a stay of the world-wide injunction against enforcement of "Don't Ask, Don't Tell." The injunction, currently in effect, suspends all investigations and prevents all discharges under the policy. However, Log Cabin Republicans continues to urge caution by servicemembers considering coming out at this time.

"After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend 'Don't Ask, Don't Tell,'" said Christian Berle, Deputy Executive Director of Log Cabin Republicans. "Log Cabin Republicans will continue to advocate on behalf of the American servicemembers who everyday sacrifice in defense of our nation and our Constitution. If this stay is granted, justice will be delayed, but it will not be denied. Meanwhile, we urge Senate Majority Leader Harry Reid to do what it takes in the lame duck session to end 'Don't Ask, Don't Tell' legislatively. If Senator Reid treats the minority party fairly, the votes will be there to end 'Don't Ask, Don't Tell' once and for all."

"We are not surprised by the government's action, as it repeats the broken promises and empty words from President Obama avowing to end 'Don't Ask, Don't Tell' while at the same directing his Justice Department to defend this unconstitutional policy," said Dan Woods, White & Case partner who is representing Log Cabin Republicans. "Now that the government has filed a request for a stay, we will oppose it vigorously because brave, patriotic gays and lesbians are serving in our armed forces to fight for all of our constitutional rights while the government is denying them theirs."

Log Cabin Republicans filed suit in federal district court against "Don't Ask, Don't Tell" in 2004. The case went to trial in Riverside, California in July of 2010, and Judge Virginia Phillips ruled on September 9, 2010 that the policy violated the First and Fifth Amendments of the Constitution. On October 12, 2010 Judge Phillips issued a worldwide, immediate and permanent injunction against enforcement of "Don't Ask, Don't Tell." Alex Nicholson, executive director of Servicemembers United and member of Log Cabin Republicans, served as the named plaintiff in the suit.