News

Log Cabin Republicans Reject Obama Administration's Justifications for Stay of Injunction Against 'Don't Ask, Don't Tell'

October 15, 2010

(Washington, DC) - Log Cabin Republicans firmly rejects the Department of Justice's reasons for requesting a stay of the world-wide injunction against enforcement of "Don't Ask, Don't Tell." Despite frequently noting the president's stated opposition to the policy, the Obama administration submitted arguments to court that 'Don't Ask, Don't Tell' should continue. Today Log Cabin's attorneys submitted the organization's response.

"At the same time the Pentagon was complying with the injunction against enforcing 'Don't Ask, Don't Tell,' President Obama's attorneys were making the argument that compliance would be impossible," said Christian Berle, Deputy Executive Director of Log Cabin Republicans. "Log Cabin Republicans believes that the Department of Justice is severely underestimating the professionalism of our men and women in uniform. The United States military is the most powerful, most adaptable armed force in the world. It has dealt with racial integration and greatly expanded opportunities for women, and has grown stronger because of it. Open service for gay and lesbian Americans will be no different. Granting this stay would perpetuate a grave injustice against servicemembers whose only desire is to defend our country honorably and honestly."

"As our brief shows, the government has clearly failed to justify why a stay should be granted," said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans vs United States of America. "The position of the government that the court's injunction will prove harmful to the nation's military strength and readiness is contradicted by the evidence in the case. In fact, because 'Don't Ask, Don't Tell' weakens our national security, as the judge's ruling found and as the President has repeatedly admitted, the effect of staying the injunction would be to continue to weaken our national security. The government should be ashamed to be seeking that result."

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."