Log Cabin asks court to bar further DADT enforcement

Posted on 16 Sep 2010 at 11:44pm

It’s only been a week since a federal court declared DADT unconstitutional in the case brought forward by the Log Cabin Republicans. Now attorney Earle Miller has filed a document requesting that the ban be permanently lifted. (The Advocate):

In a three-page proposed judgment filed to the court on Thursday, attorney Earle Miller representing the gay Republican group asked U.S. district judge Virginia A. Phillips to permanently enjoin the Defense Department “from enforcing or applying the statute and policy known as ‘Don’t Ask, Don’t Tell,’ including any implementing regulations, against any person under their jurisdiction or command, and from taking any actions whatsoever, or permitting any person or entity to take any action whatsoever, against gay or lesbian servicemembers, or prospective servicemembers, that in any way affects, impedes, interferes with, or influences their military status, advancement, evaluation, duty assignment, duty location, promotion, enlistment or reenlistment based upon their sexual orientation[.]”

Miller further requested that all current investigations or discharges of gay service members under DADT be immediately suspended and discontinued.

In a Thursday interview with NPR, Dan Woods, lead attorney in the Log Cabin Republicans case, said, “We want [Phillips] to block any further enforcement or application of ‘don’t ask, don’t tell’ wherever we have military operations – not just in California, not just in this country, but wherever we have military bases anywhere in the world.”

Karen Ocamb has more on this story.

In other, less promising news on the DADT front, Sen. Holy Joe Lieberman is rumbling that breaking a filibuster may not be possible. Kerry Eleveld:

“The question is whether the Senate leadership can negotiate an agreement with the Republicans that will allow the bill to come up and get them to feel that they can introduce amendments that they want to introduce as well,” Lieberman told The Advocate. “But until that happens, I don’t think the votes are there to break the filibuster, which would be a shame.”

Democrats must find 60 votes to break the filibuster the GOP is threatening to mount, meaning they will likely need to sway at least one or two Republicans to vote against their party. But Majority Leader Harry Reid and Minority Leader Mitch McConnell are playing a game of chicken over how many amendments Republicans will be allowed to offer once the Defense authorization bill reaches the floor, putting moderate GOP senators like Sen. Susan Collins in a bind.

…”Senator Collins would like the Senate to proceed to a full and open debate on the defense Authorization bill, with members able to offer amendments on all relevant issues,” said Kevin Kelley. “She has spoken to Senator Reid and encouraged him to work with Republican leaders to negotiate such an agreement so that the bill could be brought to the floor.”

Today was also Servicemembers United’s Lobby Day and meeting of military partners with the Pentagon Working Group, and we’ll have an on-site report from Keori.
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