Legislative repeal of DADT unlikely
Chicago, IL -
In Riverside, CA Federal District Court Tuesday afternoon, Judge Virginia Phillips has refused to grant the Obama Administration a stay on her DADT (Don't Ask, Don't Tell) ruling of last week. After declaring the controversial 1993 law unconstitutional last week, Phillips placed a broad injunction prohibiting any further enforcement of the discriminatory legislation.
The Obama Administration had hoped to have a temporary stay placed on the injunction pending their appeal to the 9th Circuit Court of Appeals. The Department of Justice, in the eyes of the court, failed to meet the burden of qualification for a stay.
"To the extent Defendants now argue that stopping discharge... will harm military readiness and unit cohesion, they had the chance to introduce evidence to that effect at trial," Phillips said. "Defendants did not do so. The evidence they belatedly present now does not meet their burden to obtain a stay."
The Administration has also taken an oppositionist stance by filing appeals to recent court rulings in Massachusetts which throws out DOMA (Defense of Marriage Act), stirring debate in the gay community as to the real policy of Obama.
President Obama has repeatedly said that DADT will end under his watch, but he and Pentagon officials want a legislative repeal of the law, not a court decision. Obama failed to prioritize the repeal early in his term, and with the likely change in balance of power in Congress next session, and a promised filibuster from Sen. John McCain (R-AZ) during the lame duck session, without the court ruling being upheld it is unlikely that DADT will end anytime soon.
Despite the Administration's attempts to block the overturn of DADT, the Pentagon has announced to all departments that the judge's ruling must be followed.
The Obama Administration had hoped to have a temporary stay placed on the injunction pending their appeal to the 9th Circuit Court of Appeals. The Department of Justice, in the eyes of the court, failed to meet the burden of qualification for a stay.
"To the extent Defendants now argue that stopping discharge... will harm military readiness and unit cohesion, they had the chance to introduce evidence to that effect at trial," Phillips said. "Defendants did not do so. The evidence they belatedly present now does not meet their burden to obtain a stay."
The Administration has also taken an oppositionist stance by filing appeals to recent court rulings in Massachusetts which throws out DOMA (Defense of Marriage Act), stirring debate in the gay community as to the real policy of Obama.
President Obama has repeatedly said that DADT will end under his watch, but he and Pentagon officials want a legislative repeal of the law, not a court decision. Obama failed to prioritize the repeal early in his term, and with the likely change in balance of power in Congress next session, and a promised filibuster from Sen. John McCain (R-AZ) during the lame duck session, without the court ruling being upheld it is unlikely that DADT will end anytime soon.
Despite the Administration's attempts to block the overturn of DADT, the Pentagon has announced to all departments that the judge's ruling must be followed.
