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Supreme Court denies request to vacate 9th Circuit stay pending appeal
From News Releases, posted Nov. 12, 2010
2010-11-10

This article shared 2480 times since Wed Nov 10, 2010
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Servicemembers United Statement on Supreme Court Decision in DADT Case, Plaintiff Request to Vacate Ninth Circuit Stay Pending Appeal Denied

WASHINGTON, D.C. - Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, issued the following statement today in response to the U.S. Supreme Court's decision to allow "Don't Ask, Don't Tell" to remain in effect while the government appeals a U.S. District Court judge's finding that the law is unconstitutional:

"It is unfortunate that an unconstitutional law that is causing substantial harm to military readiness and to tens of thousands of troops is allowed to remain in effect for even one more day," said Alexander Nicholson, Executive Director of Servicemembers United and the only named veteran plaintiff in the case. "This just underscores the need to continue to put pressure on Senate Majority Leader Harry Reid to allow the defense authorization bill to come back up and take its first procedural step before the Senate's Thanksgiving recess. Servicemembers United, Servicemembers Legal Defense Network, Stonewall Democrats, and the Log Cabin Republicans have all strongly and consistently called on Senator Reid to do just that. It is now time for other organizations, as well as the White House, to publicly do the same."

For more information about Servicemembers United and "Don't Ask, Dont' Tell," please visit www.ServicemembersUnited.org . For the most comprehensive collection of polling data, discharge statistics, academic works, legislative and congressional material, and more, visit www.DADTArchive.org .

Log Cabin Republicans disappointed that Supreme Court allows 'Don't Ask, Don't Tell' to continue

( 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 untilLog 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's 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."


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