Log Cabin Member Seeks Reinstatement in Marines

LOG CABIN REPUBLICANS X390 | ADVOCATE.COMWill Rodriguez-Kennedy, president of the Log Cabin Republicans’ San Diego chapter, has joined a handful of former service members attempting to rejoin the military. The Pentagon has ordered recruiters to allow gay applicants.
Advocate.com: Daily News

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It’s official: DOJ wants stay of Log Cabin DADT injunction and will appeal the decision

The Department of Justice has asked Judge Phillips to issue a stay of her DADT injunction and indicated that it will appeal the decision. This was not unexpected, but it is certainly disappointing. Here’s an excerpt from the introduction:

Defendants request that the Court issue an order to stay pending appeal of its Order, dated October 12, 2010 (Doc. 252), permanently enjoining enforcement of the “Don’t Ask, Don’t Tell” (DADT) statute, 10 U.S.C. § 654, and implementing regulations.1 Defendants also request that the Court issue an immediate administrative stay of its October 12, 2010 Order to allow time for the orderly litigation of that request for a stay pending appeal both before this Court and, if this Court were to deny the stay request, before the Court of Appeals. At a minimum, if this Court declines to enter a stay pending appeal or any administrative stay to allow its own consideration of the request, defendants request that the Court enter an immediate administrative stay to afford time for filing a request for a stay pending appeal in the Court of Appeals and an opportunity for that Court to consider that request in a meaningful and orderly manner. Given the urgency and gravity of the issues, defendants respectfully request that the Court rule on this ex parte application no later than noon PDT on Monday, October 18, 2010. If an administrative stay is not entered by that time, defendants intend to seek a stay pending appeal from the Court of Appeals and will request an immediate administrative stay from that Court to allow the orderly litigation of the stay request before that Court.

And, DOJ invoked the Pentagon Working Group as a reason for needing the delay:

In support of the President’s decision to seek a congressional repeal of the law, and as directed by the Secretary of Defense, the Department of Defense has established a high-level Working Group that is currently conducting a comprehensive review of the statute and how best to implement a change in policy in a prudent manner. The Working Group is nearing completion of its report to the Secretary, which is due on December 1. The immediate implementation of the injunction would disrupt this review and frustrate the Secretary’s ability to recommend and implement policies that would ensure that any repeal of DADT does not irreparably harm the government’s critical interests in military readiness, combat effectiveness, unit cohesion, morale, good order, discipline, and recruiting and retention of the Armed Forces.

In the first sentence above, you’ll notice a footnote. This is what it states:

1 As the President has stated previously, the Administration does not support the DADT statute as a matter of policy and strongly supports its repeal. However, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Administration disagrees with a particular statute as a policy matter, as it does here.

Got that? Remember, DOJ does not have to appeal this decision. But it is going to do just that.

The Courage Campaign posted the DOJ application for the Emergency Stay here.

From here, Judge Phillips will probably issue her decision in the next couple days. She could order a stay pending the appeal — or not. She could do any number of things, including denying DOJ’s application. Whatever she does will lead to DOJ’s next step. This could mean that DOJ may have to ask the Ninth Circuit for a stay, too. What is clear is that the DOJ has every intention of appealing this ruling and dragging out this process. DOJ has 60 days to file its notice of appeal.

We’ll have more on this, as you can imagine.




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Watch: Rachel Maddow Trashes Log Cabin, Talks DADT Ruling Appeal

Eleveld_maddow

Rachel Maddow discusses the honors bestowed on Senators John Cornyn and Pete Sessions by the Log Cabin Republicans, and then speaks with The Advocate's Kerry Eleveld about what's expected in the LCR DADT case from Obama's Justice Department today.

Watch, AFTER THE JUMP

Also, more on the Cornyn/Sessions honors here.


Visit msnbc.com for breaking news, world news, and news about the economy

 


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Log Cabin asks court to bar further DADT enforcement

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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FRC’s Perkins pissed at Cornyn for talking at Log Cabin dinner

Cornyn is trying to have his cake and eat it too. He claims he doesn’t agree with Log Cabin, but if they agree that all the Senate committees should be chaired with Republicans, then he’s happy to work with them. Yeah, that’s cute, but it doesn’t really fly. If a group of pedophiles wanted the Republicans to chair all Senate committee, Cornyn wouldn’t attend their dinner. Clearly Cornyn is saying that gays are a respectable force in politics, whether or not he agrees with them. And that’s what Tony Perkins, fey as is he is, is getting at. And he’s right.




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—  John Wright

Afternoon View – Hillside Check-In Cabin

I’ve just arrived with my loyal companions Aaron and Chris for three days under the trees at Hillside Campground in the Endless Mountains of Pennsylvania. The guys in this photo have had the site next to ours for the last three summers and we always seem to get here at the same time. It’s 75 and completely clear, which bodes for a quite chilly evening, as summer nights so often are up on the mountain. Do they make electric sleeping bags?

Joe. My. God.

—  John Wright

NY Log Cabin Endorses Donovan for AG

The Log Cabin Republicans of New York endorsed Dan Donovan, an attorney general candidate whom Democrats have targeted for his opposition to marriage equality.
Daily News

—  John Wright

NEW YORK: Log Cabin Republicans Endorse Anti-Marriage AG Candidate

The Log Cabin Republicans today issued their endorsement of Dan Donovan for New York Attorney General. Donovan opposes marriage equality, but grudgingly allows that he’d defend whatever law the state enacts. Via press release:

“I’m honored to receive the endorsement of the Log Cabin Republicans. As Richmond County District Attorney, I’ve worked tirelessly to ensure that our system of justice never discriminates against our citizens,” said Donovan. “I believe the law provides us the right to be treated fairly and I stand firmly against intolerance. As Attorney General, I’ll make that same commitment, to protect all New Yorkers’ rights under the law regardless of sexual orientation.”

“As the District Attorney of Staten Island, Mr. Donovan has a long and distinguished record of treating everyone equal under the law,” Log Cabin Republicans of New York State PAC Chairman Gregory T. Angelo stated. “He is a man of integrity with a selfless commitment to uphold the rights of all citizens of this state, and we look forward to working with him when he becomes the next Attorney General of the State of New York in November.”

Last week the state Democratic Party slammed Donovan’s opposition to marriage equality, saying, “The issue is a critical one in the race for Attorney General. Just last week, a federal judge reversed California’s same sex marriage ban thanks, in part, to a brief filed by the California Attorney General, Jerry Brown. And Attorneys General across the country have played a prominent role in promoting marriage equality, including in New York where Andrew Cuomo has defended the recognition of same sex marriages performed out of state.”

Joe. My. God.

—  John Wright

What, Exactly, Does the Log Cabin Republicans’ Dallas Chapter Do At Meetings?

Log Cabin rarely delves in gay rights issues at chapter meetings …

—Actual line in an email from the Dallas chapter of the Log Cabin Republicans, which generally hosts "like-minded people at our monthly dinner meetings on the fourth Monday of the month. We meet at Mattito's Cafe Mexicano at 3011 Routh (n.w. corner of Cedar Springs) for a 6:30pm Happy Hour and 7:00pm Dinner and Program." So they discuss … drink specials? [via]


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