News

Obama Administration Succeeds in Reviving 'Don't Ask, Don't Tell' as Ninth Circuit Extends Stay

November 1, 2010

(Washington, DC) – The Ninth Circuit Court of Appeals has granted the Obama administration's request to resurrect the failed 'Don't Ask, Don't Tell' policy while they continue defending the law in court. The policy was suspended after a federal District Court judge granted a world-wide injunction halting discharges and requiring the military not to discriminate based on sexual orientation.

"Log Cabin Republicans is disappointed that 'Don't Ask, Don't Tell' will continue to burden our armed forces, undermine national security and limit the freedom of our men and women in uniform," said R. Clarke Cooper, Executive Director of Log Cabin Republicans. "Despite this temporary setback, Log Cabin remains confident that we will ultimately prevail on behalf of servicemembers' constitutional rights. In the meantime, we urge President Obama to use his statutory stop-loss power to halt discharges under this discriminatory and wasteful policy. The president claims to want to see 'Don't Ask, Don't Tell' ended. It is time that he stop talking and start working to make a real difference for gay and lesbian Americans."

"The court's ruling is a disappointment not only to us, but also to all gay and lesbian servicemembers who bravely put themselves in harm's way so that we can all enjoy the constitutional rights and freedoms that they themselves are being denied," said Dan Woods, White & Case partner who is representing Log Cabin Republicans. "The decision only slows the day when military service will be available to all Americans, regardless of sexual orientation, who want nothing more than to serve their country honorably and patriotically. We will continue to fight on for the constitutional rights of these Americans and look forward to a favorable decision on the merits of the appeal. Meanwhile, we will discuss the court's order with our client to determine whether we will ask for a review of the order by the US Supreme Court."

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.