Court throws out Log Cabin’s DADT challenge

Posted on 29 Sep 2011 at 2:20pm

Now that “don’t ask, don’t tell” has been repealed, a federal appeals court today declared moot Log Cabin Republicans’ lawsuit challenging the policy — and vacated a district judge’s ruling that said DADT was unconstitutional.

Log Cabin has argued that having the case declared moot could open the door for a future administration to reinstate DADT, which was repealed effective Sept. 20.. And the group continues to blame President Barack Obama for the Justice Department’s decision to litigate the case.

“Log Cabin Republicans v. United States said more than ‘Don’t Ask, Don’t Tell’ should be repealed — it stood for the fundamental constitutional rights of servicemembers not to be discriminated against by the nation they serve,” LCR Executive Director R. Clarke Cooper (pictured) said in a statement responding to today’s ruling. “President Obama should be ashamed that he is responsible for undoing that important precedent.”

Dan Woods, an attorney for Log Cabin Republicans, said the group plans to appeal today’s decision, which came from a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

“We are, of course, disappointed by today’s ruling but we will continue to fight on for the constitutional rights of all people impacted by Don’t Ask, Don’t Tell,” Woods said. “This is an important issue for all Americans and we anticipate seeking re-hearing before the full Ninth Circuit.”

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