We still have some “Don’t Ask, Don’t Tell” drama in California. The U.S. 9th Circuit Court of Appeals has struck down Federal Judge Virginia A. Phillips ruling last year that DADT is unconstitutional. The unanimous ruling by a 3 judge panel of the U.S. 9th Circuit Court of Appeals is frustrating Log Cabin Republicans efforts for the 14,000-plus discharged gay service members to be reinstated or compensated for lost wages & promotions who were effected by DADT prior to September 20, 2011. The judges stated, "The Supreme Court & our court have repeatedly held that a case is moot when the challenged statute is repealed, expires or is amended to remove the challenged language." Lead plaintiff's attorney in Log Cabin Republicans v. United States, Dan Woods of White & Case, emphasized that the case is not over, saying, "We are, of course, disappointed by today's ruling but we will continue to fight on for the constitutional rights of all people impacted by Don't Ask, Don't Tell. This is an important issue for all Americans & we anticipate seeking re-hearing before the full Ninth Circuit."
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Log Cabin Republicans v. United States said more than 'Don't Ask, Don't Tell' should be repealed - it stood for the fundamental constitutional rights of gay and lesbian servicemembers not to be discriminated against by the nation they serve. President Obama should be ashamed that he is responsible for undoing that important precedent. The ruling in Log Cabin Republicans v. United States is the reason why Congress finally acted to end this failed and unconstitutional policy. This decision by the Ninth Circuit denies more than 14,000 discharged gay and lesbian servicemembers an important means of obtaining justice for the wrong perpetuated against them under the ban, and leaves open the possibility of future violations of servicemembers' rights. The court can vacate this ruling, but that does not change the fact that 'Don't Ask, Don't Tell' was unconstitutional. Log Cabin Republicans are proud to have brought this case, proud of our victory at trial, and proud that the ruling in Log Cabin Republicans v. United States provided the necessary motivation to make repeal of 'Don't Ask, Don't Tell' a reality.
R. Clarke Cooper, Log Cabin Republicans Executive Director
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