Obama Administration Appeals Don’t Ask, Don’t Tell Ruling

Obama Administration Appeals Don’t Ask, Don’t Tell Ruling

As many expected, the Obama administration formally appealed Tuesday’s federal court ruling that struck down Don’t Ask, Don’t Tell. They requested an emergency stay to block Judge Virginia Phillips’ injunction halting enforcement of the policy.

Phillips’ injunction put the Obama administration in an awkward position since repeal of DADT was a major campaign promise running up to the 2008 election. President Obama reiterated his stance during this year’s State of the Union address, saying, “This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are.”

The requisite phrase there is “work with Congress.” President Obama has repeatedly stated his intention to halt DADT, but only through Congress and not by executive order or through the courts.

The administration’s appeal of Tuesday’s ruling drew immediate rebukes from LGBT rights groups, especially from the Log Cabin Republicans.

“We are not surprised by the government’s action, as it repeats the broken promises and empty words from President Obama avowing to end ‘Don’t Ask, Don’t Tell’ while at the same directing his Justice Department to defend this unconstitutional policy,” said Dan Woods, the attorney representing the Log Cabin Republicans in their suit against the policy. The group filed suit in federal district court in 2004 and the case went to trial in July of this year.

The Human Rights Campaign had a more tame response, calling the administration’s actions “disappointing,” then focusing on the future.

“There is one simple way to put the endless legal wrangling behind us and do what the President and the American people want to strengthen our military: the administration and Congress need to finish the legislative work on ‘Don’t Ask, Don’t Tell’ repeal after the election,” said HRC President Joe Solmonese in an official statement. “The interests of the administration, the military, and most importantly the American people are best served by doing the hard work of enacting a durable legislative repeal of this discriminatory law.”

Legislative repeal is not on the minds of the Log Cabin Republicans, who are vowing to fight the appeal.

“Now that the government has filed a request for a stay, we will oppose it vigorously because brave, patriotic gays and lesbians are serving in our armed forces to fight for all of our constitutional rights while the government is denying them theirs,” said Woods.

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  • John Simon

    So much for “Hope” and “Change”

  • Steve B.


  • mike

    I have been in the Army for 7 yrs now. In those 7 yrs I have deployed 4 times. I am willing to go many more times to defend the country I love. I am waiting for that one day I will be able to bring my sagnificant other to a function at work. 95% of the Soldiers don’t care. Majority of the Service members I work with assume I am gay and they are fine with it. Out of the simple fact that they are my family and would never make any advances towards them.

  • Jay Cle

    First of all the “queers” are not hitting on everyone as you are insisting. Second, don’t you think straight people hit on each other? How is that any different? Whether you want to admit it or not gays have been in the military since the beginning they just cannot be open about it. Despite it all the mission of defending this country is accomplished because folks that are straight, gay, and anything else there is, are dedicating themselves to it.

  • david s.

    so steve, your saying every single gay guy hits on every guy he can at all times? wow, you must definitely be a white redneck. are you also in the KKK?

  • j.d.

    This brings the question: What do they really mean when they say “I got your back”?

  • Chris

    @Mike, I am in the same boat with you as far as waiting for the day I can bring mine to work with me, or on an FRG Trip/Event. Everyone else doesn’t realize unfortunately that the army is such a tight circle, it’s basically family and that we wouldn’t make advances towards family. Good luck to you mike, and I hope for the best for both of us.

    Obamas promise about DADT Was about the only thing that appealed me to him, but hopefully he does the right thing and doesn’t postpone the December results because of what has happened.

  • Devon Taig

    There are 1.4 million active duty military – if just 5% of them are gay, that’s 70,000 people. Having 70,000 military personnel that have the additional stress and distraction of losing their job should they be found to be gay is quite frankly an affront to national security. Our military MUST be psychologically ready to fight at a moments notice; they don’t need our government piling unnecessary stresses onto their already stressful lives. Society (outside of the military) generally doesn’t discriminate in such an egregious manner, and therefore this type of environment is also foreign to the straight men and women who serve. The military should NOT be used as a tool of social experimentation; as the military is the only organization that has such an inane policy it essentially IS conducting a dangerous and destructive social experimentation that in addition to threatening national security also encourages anti-gay violence. Mr. Obama, YOU are the Commander-In-Chief. Act like on. You should be ashamed.

  • Fred

    I was in the Army from 69-72 and was stationed with a few men and women who were G/L. I didn’t have a problem with being around them then, nor do I have a problem being around them today. They were very professional and respected my right on being Hetro.

    But, I do have a problem being around a Flaming Queen. I do not want them trying to put THEIR hands on me, trying to convert me to THEIR lifestyle or being in my face. If they do, than that is where the fight starts and my attitude goes anti-gay. I would not want him representing me or my Country. I know there are a lot of GLBT people out there who would not want to be around them either, on a 24/7 basis.

    You all need to use a little common sense. I’m sure the Military and the Government would be willing to listen to reason on this issue. If you could some how get past the Flaming Queen hurdle/issue, I’m sure the rest would be acceptable. Just my 2 cents worth and perspective on why there is a “NO OPENLY GAY” attitude in the Military.

  • Devon Taig

    Fred – There are already rules in place in the military to ensure that nobody is sexually harassed and that nobody act in a way that is inappropriate (“Conduct Unbecoming”). If “Don’t Ask Don’t Tell” is overturned, I would expect that these rules would be evenly and fairly applied to everyone. Just like a straight man can not “put THEIR hands” on a woman who doesn’t agree with such behavior, a gay man / woman will not be permitted that type of behavior either.

    Truly though, such fears are unfounded. If you aren’t interested in gay men, they won’t be interested in you.

  • Bianca Gascoigne

    where can i find the rest of these series ?

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