News

Hunter Amendment is an Unwanted Incursion on Successful DADT Repeal Implementation

May 10, 2011

(Washington, DC) - Log Cabin Republicans oppose efforts by Congressman Duncan Hunter (CA) to pass an amendment the National Defense Authorization Act to potentially delay certification of open service by gay and lesbian members of the United States military.

"There is no appetite for the Hunter amendment, which would only distract from the comprehensive and on-going repeal implementation process," said Log Cabin Republicans Executive Director R. Clarke Cooper. "The Joint Chiefs of Staff were asked directly during the debate on 'Don't Ask, Don't Tell' repeal if they wanted a more hands on role in the certification process. They each stated that such a change was unnecessary and that they were confident that the Chairman of the Joint Chiefs would not certify until all services were prepared to move forward. This isn't about what the joint chiefs want - it's about pandering to special interest groups and a stubborn refusal to recognize America is ready to grant all of our men and women in uniform the respect and freedom they deserve. This question has been asked and answered. It's time to move on."

Cooper continued, "That political posturing continues to plague implementing repeal of 'Don't Ask, Don't Tell' demonstrates the ongoing importance of the Log Cabin Republicans lawsuit which unequivocally proved that this failed policy was and is an affront to our constitution. With the implementation process proceeding smoothly and the military successfully preparing for open service, there is no reason for the threat of discharge to continue to hang over gay servicemembers. Therefore, Log Cabin Republicans are calling for the Ninth Circuit Court of Appeals to lift the stay on the permanent injunction against enforcing DADT."

"We are asking the Court of Appeals to vacate its November 2010 stay of Judge Phillips's injunction because the US government is no longer arguing in its appellate briefs that "Don't Ask, Don't Tell" is constitutional, and that was the key reason for the government seeking a stay in the first place," said Dan Woods, partner at White & Case and lead attorney in Log Cabin Republicans v. United States. "Now that the government has abandoned that claim and no longer argues that "Don't Ask, Don't Tell" is constitutional, the Court of Appeals should vacate the stay and reinstate the district court's injunction precluding the government from enforcing or applying "Don't Ask, Don't Tell". This is especially important because "Don't Ask, Don't Tell" is still the law of our country and the government is still applying it to violate the constitutional rights of current and prospective members of our country's armed forces."

Log Cabin Republicans have maintained a three-front strategy against 'Don't Ask, Don't Tell,' lobbying for repeal in Congress, successfully filing suit in federal court, and consulting with the Department of Defense on the ongoing repeal implementation process.