Just got the Department of Justice’s (DOJ) response to the Log Cabin Republican’s proposed injunction.
We’ll have more, but a quick read shows that DOJ wants to limit the injunction to the “Plaintiff and Its Members.” It actually sounds like DOJ wants to out gay servicemembers, “without the names of LCR’s members, defendants would have no way of knowing whether a particular servicemember who is subject to the actions set forth is in fact a bona fide LCR member.”
The DOJ also objects because “Plaintiff’s Proposed Injunction Would Foreclose the United States from Litigating the Constitutionality of DADT in Other Courts.” Yes, DOJ wants to keep arguing that DADT is constitutional. And, DOJ wants to be able to move for a stay.
Finally, the DOJ seems awfully concerned that if LCR wins this case, then the Obama administration will no longer be able to find that gay servicemembers hurt morale and cohesion. Why is the Obama administration so concerned about losing the “right” to discriminate against gay and lesbian servicemembers? This lead reader BeccaM to make the following observation:
They’re saying you can only bring a case if you’re in the military and out yourself, then you can begin the years-long process of seeking injunctive relief, but in the meantime they’ll throw your ass out for being gay. Which then makes you ineligible to bring a case because you’re not in the military anymore and therefore lack standing.
This is not the brief of a party that wants to find a way out of this mess. The Obama administration is aggressively defending DADT when the Obama administration doesn’t have to do this. See here, here and here.