Department of Justice appeals DADT decision

Thu. October 14, 2010 4:06 PM by Jay Shaff

Gay activists question Obama Administration’s sincerity

Washington, D.C. - The U.S. Department of Justice filed this afternoon for an emergency stay of Judge Virginia Phillips' broad and comprehensive ruling that Don't Ask, Don't Tell is unconstitutional.

The DOJ and the White House, along with Defense Secretary Robert Gates, have suggested that an orderly "stand down" from the policy is necessary and that the ruling is to extensive and swift. Opponents of the repeal see the expected November mid-terms change of power in Congress as an avenue to kill legislative efforts currently on the floor of the Senate.

Judge Phillips order of Tuesday, October 12, 2010 prohibited any further enforcement of the controversial 1993 law which was enacted under the Clinton Administration and challenged in Court by the Log Cabin Republicans, a conservative gay advocacy group. The DOJ will attempt to have Judge Phillips stay her injunction as a preparation of appeal, but observation of Phillips actions in the case suggest that a stay may be unlikely which would force the DOJ to go to the 9th District Federal Appeals Court.

The government has also appealed Phillips ruling in its entirety, similar to what the DOJ did earlier this week on a DOMA (Defense of Marriage Act) case in Massachusetts.

"The president has implemented a process with the Department of Defense, with the secretary of Defense, with Admiral [Michael] Mullen and the other members of the Joint Chiefs to move forward in implementing an end to this policy in an orderly way," White House press secretary Robert Gibbs said Wednesday during a press briefing when pressed about the President's promise to repeal DADT. "The best way to end it is for the Senate to follow the lead of the House of Representatives so that that end can be implemented in a fashion that's consistent with our obligations in fighting two wars."

President Obama campaigned on the pledge to reverse both of these laws, but his administration's actions to fight to uphold these laws have caused gay advocacy groups to question his sincerity. Gay rights advocates, including Chicago-based Gay Liberation Network, have been vocal in their disappointment of the pace of progress and unfulfilled promises by the President.

Should a stay be issued, there is the potential for months, if not years of legal battles. While these proceeding go on, many more gay service members could be persecuted and expelled from the military at an extraordinary cost to the individuals and the taxpayers.
 

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