Saturday, September 11, 2010

White House Responds to Federal Court DADT Decision

The White House has responded to the recent federal court ruling in Log Cabin Republicans v. United States by U.S. District Court Judge Virgina Phillips (a Clinton appointee) striking don the military's "Don't Ask, Don't Tell" policy as unconstitutional.

Although other federal judges have ruled the military's anti-gay policy unconstitutional previously in individual cases of specific military officers, this was the first federal judge to strike down the policy on what is called a facial challenge.

White House spokesperson Shin Inouye said:
"The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The President remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal."
This lawsuit has taken years to reach this point, and if appealed will take several more years to be resolved. Some LGBT activists are insisting that the Obama Administration's Department of Justice not appeal the ruling, but to me the district court ruling has very little legal effect unless an appellate court affirms it.

The main importance of the ruling is the political impetus it gives to pending legislative repeal of "Don't Ask, Don't Tell" in the United States Congress.

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