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Judge: DADT suspension stands
From News Releases, posted Oct. 19, 2010
2010-10-20

This article shared 3824 times since Wed Oct 20, 2010
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U.S. District Court Rules on "Don't Ask, Don't Tell" Injunction

Statement by Servicemembers Legal Defense Network ( SLDN )

WASHINGTON, D.C. — Servicemembers Legal Defense Network ( SLDN ) , a national, legal services and policy organization dedicated to ending "Don't Ask, Don't Tell" ( DADT ) , issued a statement today on U.S. District Judge Virginia A. Phillips injunction ruling that suspended and discontinued any investigation or discharge. The Department of Justice asked for a stay on Friday, October 15.

Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:

"By the judge keeping the injunction in place, lesbian and gay service members are protected another day, but the uncertainty has not gone away. The Department of Justice will immediately ask the 9th Circuit to stay the injunction. We're talking about the careers of patriots, people who are on the frontlines serving our country — some of whom are highly decorated — and the court needs to keep the injunction in place. As the DOJ fights to keep this unconstitutional and oppressive law, we are monitoring active-duty clients' cases and fielding calls every day to our hotline. During this interim period of uncertainty, service members must not come out. Our service members need finality. Given the uncertainty in the courts, we urge the Senate to act swiftly next month on repeal when they return to Washington."

"Servicemembers Legal Defense Network ( www.sldn.org ) is a national, non-profit legal services and policy organization dedicated to ending "Don't Ask, Don't Tell." A journalists' guide is available here.

Statement of Log Cabin Republicans

Log Cabin Republicans Prevails Over President Obama's Attorneys, Protecting Servicemember Rights

( Washington, DC ) - Federal District Court Judge Virginia Phillips has denied the government's request to stay the injunction against 'Don't Ask, Don't Tell.' Judge Phillips imposed the injunction halting enforcement of the policy last week after ruling on September 9th that the policy violates servicesmembers' First and Fifth Amendment rights.

"Judge Phillips is right to stand with servicemembers by rejecting President Obama's request to continue this discriminatory policy," said R. Clarke Cooper, Executive Director of Log Cabin Republicans. "It is vital that as a nation we uphold the fundamental constitutional rights of all soldiers, sailors, airmen, marines and coast guardsmen. With recruiters accepting gay and lesbian applicants and a week having passed without incident, it is clear that our military is well-equipped to adapt to open service, and eager to get on with the work of defending our freedom. As Commander in Chief, the president should drop his defense of a policy which he knows undermines military readiness and threatens national security. The president has said that 'Don't Ask, Don't Tell' will end on his watch, but is currently standing in the way of its demise. Log Cabin Republicans will continue to fight this policy no matter how many obstacles he puts in the way."

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."

GetEQUAL's Statement on Today's U.S. District Court Ruling Refusing To Stay "Don't Ask, Don't Tell" Injunction

Judge Phillips Rules Against President Obama's Dept. of Justice Request for Stay of Ruling

WASHINGTON — Today, Robin McGehee, co-founder and director of GetEQUAL -- a national, direct action lesbian, gay, bisexual and transgender civil rights organization -- issued the following statement in response to the ruling by a federal district court judge refusing to stay an earlier injunction in Log Cabin Republicans vs. United States of America. The stay was being sought by the Department of Justice against an earlier ruling ordering the U.S. military to immediately stop enforcement of the discriminatory "Don't Ask, Don't Tell" law:

"This evening, Judge Phillips has once again shown the courage and leadership that has evaded so many of our political leaders — including President Obama. We applaud Judge Phillips for this fair-minded, common sense ruling and continue to urge President Obama and the Department of Justice to immediately cease their unnecessary appeal of the Federal Court's ruling.

It is past time that President Obama and Attorney General Eric Holder act in accordance with nearly 80 percent of the American people, distinguished military leaders, active-duty servicemembers, and courageous veterans to ensure that this ruling is carried out immediately. President Obama and Attorney General Eric Holder have the opportunity to act on the right side of history and to stop appeals of this decision."

GetEQUAL is a national, direct action lesbian, gay, bisexual and transgender civil rights organization. Emphasizing direct action and people power, the mission of GetEQUAL is to empower the LGBT community and its allies to take action to demand full legal and social equality, and to hold accountable those who stand in the way. For more information on GetEQUAL, please visit: www.getequal.org . You can follow GetEQUAL on Twitter at www.twitter.com/getequal, on Facebook at www.facebook.com/GetEQUAL, or on YouTube at http://www.youtube.com/getequal.

National Stonewall Democrats' call on the Obama Administration to deem 'Don't Ask, Don't Tell' Unconstitutional

"If the Obama administration is going to appeal this decision to higher courts, then we need to hear the President say that he believes DADT is unconstitutional."

Washington DC - Michael Mitchell, Executive Director of the National Stonewall Democrats, released this statement in response to Judge Philips' denying the government's request to stay the injunction against 'Don't Ask, Don't Tell'.

"In the absence of full, legislative repeal — which was obstructed by Republicans in the Senate just last month — we are glad for today's ruling that continues to halt discharges for now, but we remind LGBT service members that the injunction can be appealed and rescinded at any moment, and they should be careful about coming out until full repeal is accomplished. Hopefully, the continued pressure from the injunction will push Congress, the President and the military to quickly extinguish the odious Don't Ask, Don't Tell policy once and for all.

"Many paths to repeal of Don't Ask, Don't Tell have been charted and started simultaneously. For those service members who are proudly serving our country — but serving silently — and for those who have already been discharged, the process is entirely too slow.

"If the Obama administration is going to appeal this decision to higher courts, then we need to hear the President say that he believes DADT is unconstitutional. We need to hear it in a context of a plan that includes several back-ups, especially if Sen. McCain is serious about his churlish and misguided threat of another filibuster in the lame duck session."

***

With close to 90 affiliates, National Stonewall Democrats is the organization for LGBT and allied Democrats. Stonewall Democrats works to elect pro-equality Democrats to public office and hold them accountable to advance the pro-equality policies and legislation important to LGBT Americans.

To learn more about our work, visit www.stonewalldemocrats.org or follow us on Twitter @StonewallDems

Judge denies stay of order to halt enforcement of 'Don't Ask, Don't Tell' policy

WASHINGTON, Oct. 19 — U.S. District Court Judge Virginia Phillips today refused to grant the government's request to stay her order to halt enforcement of the military's "Don't Ask, Don't Tell" policy banning openly lesbian, gay and bisexual service members. Phillips ruled the policy unconstitutional last month.

Statement by Rea Carey, Executive Director National Gay and Lesbian Task Force

"Judge Phillips again rejected the government's bunk that it's necessary this discriminatory policy remain in effect any longer. She and the overwhelming majority of Americans have rightly concluded it's time to make 'Don't Ask, Don't Tell' a policy of the past. Our elected officials have diddled around and played the delay game as the careers of thousands of courageous, patriotic service members have been destroyed. Phillips said enough is enough, and we couldn't agree more."

To learn more about the National Gay and Lesbian Task Force, visit www.theTaskForce.org

and follow us on Twitter: @TheTaskForce.


This article shared 3824 times since Wed Oct 20, 2010
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