News

Log Cabin Republicans Disappointed that United States Supreme Court Allows 'Don't Ask, Don't Tell' to Continue

November 12, 2010

(Washington, DC) - The United States Supreme Court has denied Log Cabin Republicans' request to reinstate a world-wide injunction against 'Don't Ask, Don't Tell.' As a result, servicemembers will continue to be investigated and discharged while Log Cabin Republicans v. USA is under appeal. Arguments are due to the Ninth Circuit Court of Appeals in February.

"Log Cabin Republicans are disappointed that the Supreme Court decided to maintain the status quo with regards to 'Don't Ask, Don't Tell,' but we are not surprised," said R. Clarke Cooper, Executive Director of Log Cabin Republicans. "We are committed to pursuing every avenue in the fight against this failed and unconstitutional policy. Log Cabin will continue working to secure the votes needed for legislative repeal, and if necessary, we look forward to seeing President Obama's attorneys in court next year to prove, once again, that 'Don't Ask, Don't Tell' doesn't work."

"We are disappointed by the Court's ruling to deny our application to vacate the stay by the US Court of Appeals for the Ninth Circuit," said Dan Woods, White & Case partner who is representing Log Cabin Republicans. "With the likelihood of Congress repealing 'Don't Ask, Don't Tell' fading with each passing day, judicial relief continues to be perhaps the most viable avenue for ending this unconstitutional policy. We and Log Cabin Republicans will continue to fight on to protect the constitutional rights of all Americans who want to serve in our military without regard to their sexual orientation. Our next step will be to ask the Ninth Circuit to expedite the government's appeal from Judge Phillips' judgment and injunction."

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."