BREAKING: Supreme Court allows DADT to remain in effect pending government’s appeal

As expected, the U.S. Supreme Court on Friday refused to prevent the military from enforcing “don’t ask don’t tell” during the government’s appeal of a ruling that declared the policy unconstitutional.

Here’s a statement in response to the high court’s ruling from Servicemembers United:

“It is unfortunate that an unconstitutional law that is causing substantial harm to military readiness and to tens of thousands of troops is allowed to remain in effect for even one more day,” said Alexander Nicholson, executive director of Servicemembers United and the only named veteran plaintiff in the case. “This just underscores the need to continue to put pressure on Senate Majority Leader Harry Reid to allow the defense authorization bill to come back up and take its first procedural step before the Senate’s Thanksgiving recess. Servicemembers United, Servicemembers Legal Defense Network, Stonewall Democrats and the Log Cabin Republicans have all strongly and consistently called on Senator Reid to do just that. It is now time for other organizations, as well as the White House, to publicly do the same.”

Read more at Politico.

—  John Wright

FL adoption case plaintiff Martin Gill: ‘I really felt relieved for the first time’

Steve Rothaus has excellent coverage of the news that the Attorney General of Florida decided not to appeal the Gill case decision. He’s got statements for the key playere, including McCollum. I really like Steve’s post with this quote from plaintiff Martin Gill:

“This is the first time I felt a sense of closure, finality,” Gill told me Friday night during an ACLU reception at the Shore Club hotel in South Beach. “I really felt relieved for the first time — and a sense of pride for what we accomplished for the state of Florida.”

And, check out the photos from last night’s party, especially this one.

Adoption is an issue in Florida’s elections:

In the tight gubernatorial race, Democrat Alex Sink has said she would support same-sex adoptions, while her opponent, Republican Rick Scott opposes it.

“What I believe is marriage is between a man and a woman . . I believe that children are raised in a more healthy environment if they are raised by a married couple,” said Scott when asked in Wednesday’s debate whether he thought homosexuality is immoral.

In the race for attorney general, Democrat Dan Gelber has praised the appeals court’s decision and agrees gays should be able to adopt. His opponent, Republican Pam Bondi, has said she opposes gay adoption and has pledged to pursue an appeal.




AMERICAblog Gay

—  admin

BREAKING: Judge orders military to halt enforcement of ‘don’t ask don’t tell’

A federal judge in California has issued an injunction halting enforcement of “don’t ask don’t tell.”

Judge Virginia Phillips on Tuesday ordered the U.S. military “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced” under DADT.

Phillips previously ruled that DADT violates servicemembers’ rights to due process and free speech. However, she delayed issuing an injunction in the lawsuit brought by the Log Cabin Republicans.

The Department of Justice now has 60 days to appeal the decision but has not said whether it will do so. In the meantime, the DOJ could also seek a stay of the decision from the U.S. Circuit Court of Appeals for the Ninth Circuit. DOJ has no obligation to appeal the ruling and could simply allow it to stand.

“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, executive director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”

Christian Berle, acting executive director of Log Cabin Republicans, said in the wake of Phillips’ initial ruling, the injunction was the “only reasonable solution.”

“These soldiers, sailors, airmen and marines sacrifice so much in defense of our nation and our Constitution,” Berle said. “It is imperative that their constitutional freedoms be protected as well. This decision is also a victory for all who support a strong national defense. No longer will our military be compelled to discharge servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination. The United States is stronger because of this injunction, and Log Cabin Republicans is proud to have brought the case that made it possible.”

Dan Woods, one of the attorneys representing Log Cabin, said he was “extremely pleased” with the injunction.

“The order represents a complete and total victory for Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country,” Woods said.

Other statements on Tuesday’s order:

Aaron Tax, legal director, Servicemembers Legal Defense Network:

“We applaud Judge Phillips for putting an immediate stop to all investigations and discharges under this unconstitutional law. As explained by the judge, this order applies across the military. This order bars the Department of Defense from enforcing or applying the ‘Don’t Ask, Don’t Tell’ law against any person under its command. We have clients under investigation and facing discharge right now. We’ll be monitoring each case over the coming days. This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the 9th Circuit where her decision may well be reversed. The law still has a chance of being repealed in the lame duck session of Congress. Service members must proceed safely and should not come out at this time. Anyone in the armed forces with questions or concerns should call our hotline.”

—  John Wright

DOJ responds to DADT ruling; Gibbs says filing doesn’t diminish Obama’s commitment to repeal

Lawyers with the Justice Department on Thursday night, Sept. 23,  asked U.S. District Court Judge Virginia Phillips not to grant an immediate injunction ordering that the military stop enforcing the “don’t ask, don’t tell” law/policy that prohibits gays and lesbians from serving openly in the military. The filing came 14 days after Judge Phillips ruled that DADT is unconstitutional and should be immediately ended. ( You can read ABC News’ report here.)

The filing Thursday by DOJ lawyers asked for a “reasonable” amount of time to consider an injunction.

The fact that the government continues to defend the policy, despite President Barack Obama’s clearly and repeatedly stated opposition to DADT and his pledge to end it left Log Cabin Republicans, lead plaintiff in the lawsuit in question, more than a little angry.

R. Clarke Cooper, executive director of Log Cabin Republicans

LCR Executive Director R. Clarke Cooper issued this statement Friday morning, Sept. 24: “We are deeply disappointed with the administration’s decision. Yet again, the Obama administration has failed to live up to its campaign promise to repeal this unconstitutional law for the servicemembers of this country.”

In the same press release that included Cooper’s statement, Dan Woods, the attorney with White and Case who is representing Log Cabin in the trial, had this to say: “The Justice Department’s objections fail to recognize the implications of the government’s defeat at trial. It is as if the South announced that it won the Civil War. The objections also fail to mention that the court has previously denied the government’s requests for a stay on three prior occasions and nothing has changed to suggest that a stay is now appropriate; if anything, the Senate vote this week shows that the court was correct in denying the prior requests for a stay. But what is most troubling is that the government’s request for a stay ignores the harm that ‘don’t ask, don’t tell’ causes to current and potential members of our Armed Forces. That is the saddest, most disappointing and, in light of the president’s position, most hypocritical part of the objections.”

The Senate vote to which Woods referred was the one on Tuesday, Sept. 21, in which every Senate Republican and three Senate Democrats voted against the motion for cloture, which would have ended a Republican filibuster and forced a final vote on the Department of Defense funding bill that included an amendment repealing DADT. That bill had already passed the House. One of the Democrats who voted against the motion was Majority Leader Harry Reid, who had made the motion. He voted against it in a procedural maneuver so that he would be able to bring it up again later.

Moderate Republicans in the Senate who might otherwise have voted with the Democrats on that motion voted against it because Reid had also included an amendment dealing with immigration — the Dream Act — and had refused to allow Republicans to offer any amendments to the DOD spending measure.

White House Press Secretary Robert Gibbs on Thursday defended the DOJ’s filing, saying that it was the department’s job to defend “acts of Congress” when they are challenged. But Gates insisted the filing “in no way diminished the president’s commitment to achieve a legislative repeal of DADT — indeed, it clearly shows why Congress must act to end this misguided policy.”

Gates added: “The president was disappointed this week when a majority of the Senate was willing to proceed with the National Defense Authorization Act, but political posturing created a 60 vote threshold. The president spoke out against DADT in his first State of the Union address, and the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have both testified in support of repeal. And the Department of Defense continues to work on a plan on how to implement repeal. This president, along with his administration, will continue to work will continue to work with the Senate leadership to achieve a legislative repeal of DADT as outlined in the NDAA this fall.”

UPDATE: Also Friday, a group of 69 progressive members of the House sent a letter to Obama asking that him not to appeal Phillips’ decision. Thursday’s filing was not technically an appeal, but experts say it was a strong indication that the DOJ does plan to appeal. For more on the letter, go here.

—  admin

El Paso men who were kicked out of taco restaurant for kissing mark Stonewall anniversary by suing the city

Five men who were kicked out of Chico’s Taco’s in El Paso after two of them kissed last year have filed a lawsuit against the city, a security company and the restaurant, The El Paso Times reports. If you’ll remember, El Paso police threatened to charge the men under Texas’ sodomy statute, which was declared unconstitutional by the U.S. Supreme Court in 2003.

Plaintiff Carlos Diaz de Leon and lawyers with the Paso del Norte Civil Rights Project announced the lawsuit at a news conference in Central El Paso.

Diaz De Leon, 32, said the other four plaintiffs are identified only as “John Does” because they fear threats or retaliation.

“I’m doing this because I want to see change, a lot of change,” Diaz De Leon said. “I would like for people to be aware of their rights, and basically, I want equality for everyone.”

Briana Stone, a lawyer and director of the Paso del Norte Civil Rights Project, said the date the suit was filed coincides with the June 28, 1969, anniversary of the Stonewall Rebellion.

—  John Wright