October 19, 2010
By Eden James
When the breaking news rains, it comes down like a hurricane. And, today, it’s all been good news.
Judge Virginia Phillips just ruled against the Department of Justice, denying its request for a stay of injunction in Log Cabin Republicans vs United States of America.
Kathleen, as usual, is on top of it with the Scribd doc:
[scribd id=39699756 key=key-1gkjq6qivj3i55ir41do mode=list]
Clarke Cooper, Executive Director of Log Cabin Republicans:
“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. As this past week has shown, 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.”
Dan Woods, White & Case:
“We applaud Judge Phillips’s ruling denying the government’s request for a stay of injunction, as it brings us one step closer toward ending once and for all this unconstitutional policy that President Obama and Congress seem incapable or unwilling to end themselves,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans vs United States of America. “Meanwhile, homosexual servicemembers are fighting and dying today in two wars for their fellow Americans’ constitutional rights, while their own constitutional rights are being held hostage to an uncertain bureaucratic process that seems more interested in beancounting the trouble they would be put to from modifying their training materials than in protecting these servicemembers’ civil rights.”
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.”
UPDATE: The Boston Herald with word from the DoJ and Pentagon:
Justice Department officials say the Obama administration will appeal to the appellate court in San Francisco.
The military has promised to abide by her order as long as it remains in place.