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UPDATE: Read between these lines – @KerryEleveld quoting Robert Gibbs:
“Obviously, there have been a number of court cases that have ruled in favor of plaintiffs in this case and the president will continue to work as hard he can to change the law that he believes is fundamentally unfair.”
Note from Louise: More press releases coming in (4pm EDT) and will be put up below the fold.
The fierce advocate finds himself painted into a LGBT equality corner three weeks before midterms by a federal judge. (The Advocate):
In a Tuesday ruling, U.S. district judge Virginia A. Phillips ordered the Defense Department to “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding” related to “don’t ask, don’t tell.”In her order Phillips did not specify when the injunction would become effective. Justice Department attorneys are expected to appeal the injunction to the U.S. court of appeals for the ninth circuit.
The ruling:
So what’s it going to be, Mr. President, Mr. Commander-in-Chief? Is the gay community’s equality a political football on this issue or is removing a policy banning gays and lesbians from serving in the military going to happen on your watch, on your authority now?
The President, who is himself a constitutional scholar, has been handed the golden opportunity to end DADT once and for all. A federal judge has now ruled that the gay ban is unconstitutional, and he has ordered the federal government to stop the discharges immediately. The President now has the power – given to him by a federal judge – to do the right thing, to do what he promised, to side with the civil rights community. All he has to do is not appeal, and DADT is over.It’s a no-brainer. Even for this administration that is loathe to do anything bold, loathe to be seen as responsible for anything even slightly “controversial.” Well, now they have their out. It’s the judge’s fault. President Obama can simply choose not to appeal the case, to respect the judge’s decision, and DADT is over. It’s history.
Or the President can direct his Department of Justice to oppose the judge’s order, to appeal the case, and to defend DADT – to defend bigotry, to go down in history on the same side as those who chose to defend discrimination against another class of Americans earlier in the 20th century.
Reactions…
SU:
“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.”The case that won the injunction, Log Cabin Republicans vs. United States of America, was originally filed in 2004. Just last month, and after a two-week trial in July, Judge Phillips issued her final ruling in the case, finding that the “Don’t Ask, Don’t Tell” law was unconstitutional on first and fifth amendment grounds. She also indicated her intent to issue an injunction barring further discharges in light of that finding. A copy of the injunction can be found at www.ServicemembersUnited.org/injunction.
LCR:
Christian Berle, acting Executive Director of Log Cabin Republicans
“After finding in Log Cabin Republicans v. United States that ‘Don’t Ask, Don’t Tell’ violates servicemembers First and Fifth Amendment rights, a world-wide injunction was the only reasonable solution. These soldiers, sailors, airmen and marines sacrifice so much in defense of our nation and our Constitution. 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, White & Case partner who is representing Log Cabin Republicans
“We are extremely pleased with Judge Phillips’s decision granting an immediate and permanent injunction barring the US military from carrying out its ‘Don’t Ask, Don’t Tell’ policy. 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.”
HRC:
HRC Statement on Injunction Barring DADT EnforcementSolmonese: “The administration should comply with her order and stop enforcing this unconstitutional, unconscionable law that forces brave lesbian and gay Americans to serve in silence”
WASHINGTON - Today, federal district judge Virginia Phillips, following on her July decision striking down the “Don’t Ask, Don’t Tell” law in a case brought by the Log Cabin Republicans, ordered the Department of Defense to immediately cease enforcement of the statute barring gays and lesbians from serving openly in the Armed Forces. Human Rights Campaign President Joe Solmonese issued the following statement:
“The administration should comply with her order and stop enforcing this unconstitutional, unconscionable law that forces brave lesbian and gay Americans to serve in silence. The President has said this law harms our national security and we believe it would be a mistake to appeal the decision. Each additional day that this unjust law remains in force is one more day the federal government is complicit in discrimination.”
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against GLBT citizens and realize a nation that achieves fundamental fairness and equality for all.
# # #
SLDN:
SLDN Statement on U.S. District Court Order to Suspend Investigations, Discharges Under “Don’t Ask, Don’t Tell”
WASHINGTON, D.C. – Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending “Don’t Ask, Don’t Tell” (DADT), issued a statement today after U.S. district judge Virginia A. Phillips ordered the Defense Department to “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding” related to DADT.Statement by SLDN Legal Director Aaron Tax:
“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.”
“Servicemembers Legal Defense Network (www.sldn.org) is a national, non-profit legal services and policy organization dedicated to ending “Don’t Ask, Don’t Tell.” A journalists’ guide is available here.
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29 Comments
I’m not holding my breath.Our “Fierce Advocate” has let us down too many times in the past. I really don’t have any more space on my back for any new tire tracks.
Re:He really has to be an advocate to sell repeal this way. A legislative repeal would have been better for implementation and acceptance by the Pentagon and the military at large. This way everyone will go on about “activist judges” and say it was forced on them by someone who doesn’t have the authority. Of course given the alternative, this must be welcomed, but it’s not idea either.
So just as a buy-in from superiors is important to sell this change to the lower troops, the White House would need to use its power and authority to really get behind repeal and tell everyone that this is the right thing to do. One or two pretty words won’t do.
I keep hearing about court decisionssaying DADT/DOMA are unconstitutional/shouldn’t be enforced.
But it still seems there is no end in sight.
How long until one of these court decisions actually does something?
This is lose-lose for usTwo options:
1. Obama appeals, which sets DADT repeal back several years (because let’s face it, Dems are losing the House and repal sn’t happening in the lame duck session)
2. Obama doesn’t appeal, which elicits cries of activist judging and a weak president and party who bend to the will of the judiciary, which will make Dems even more unwilling to support LGBT issues in the future.
I mean, I’d prefer 2 (though I expect 1), but I feel that there may be unforeseeable consequences with not appealing that we may feel later.
I disagreeIn the event that this is upheld or not contested, this is essentially immediate. Legislation would have taken substantial time.
That said, I think that the odds are good that this will be appealed, even if I like the legal argument that it need not be appealed.
“Mr. President, the Yankees are occupying Ft. Sumter!”An appeal would be combined with a request for a stay, probably to the 9th Circuit. Ditto for the Maj. Witt case out of Washington State. If ODOJ doesn’t appeal, I wonder what Judge Phillips’ reach is going to be — even if it’s just in her district, it does take in several major military facilities.
At some point Obama will have to punt. He can’t just keep conceding yardage.
Absolutely, Mr. Hawley! Positively, Mr. Smoot!
Kerry Eleveld Tweeting Gibbs’ WH presser(No access to TV right now, so I’m cutting/pasting what Kerry is putting up on Twitter)
This is the ONLY way LGBTs can get equality.Our “faux advocate” & our Democratic Congress make throw a few crumbs & make lovely speeches, but very little real progress has been made. Most of the progress has come through the Judiciary, which seems to be the way it has been for all civil rights issues since this country was founded.
I really doubt that Obama’s decision to appeal or not will have any significant bearing on the upcoming elections. ANYTHING the Democrats propose or can possibly be blamed for will serve as a rallying cry for the Repubs. Whatever Obama does, it will be spun as another reason to vote Repub.
As usual……I would like some of whatever Gibbs is smoking, please.
A man as delusional as Gibbs should be barred from any office of public trustNot that anyone trusts the White House, but you know what I mean.
Press releases of HRC and SLDNnow updated below fold.
read her ordershe made her decision worldwide. She had already heard arguments from both sides before making this decision as to what the scope of her decision should be.
Survey itself is DiscriminatoryIt would appear to me that the very Act of Condicting a Survey in the first place (asking how the Majority feels) is in itself Discriminatory.
The analogies of the Military’s ability to discriminate were cited in reference to handicapped people, and obese people, but I think that the crux of the arguement is that they Military hasn’t demonstrated just how Gays harm the defense departmant in any real tangible way.
My concern began, for the validity of the Survey, when they couldn’t find enough justification in surveying the Troops, so THEN they began surveying the Wives of Servicemembers. What was the earnest rationale in that?
i read itand facially, yes, it’s binding on DoD et al, et al. My question was over effective jurisdiction, which would be the basis of one argument.
seven days in OctoberThis from the Daily Beast, by way of Sullivan’s blog. Worth a ponder as background.
http://www.thedailybeast.com/b…
Expecting A Hard Fought Court Fight Against the InjunctionWhomever the next president or the one after that is might be when we possibly will see something happen. Obama has too much to do to allow this to happen now.
There goes his chance to be our ADVOCATE….Now his Stop-Loss would be just a support to the Judges orders. Though at least it could take effect the day it is signed!
Various media coverage hereNew York Times
Metro Weekly
Raw Story
The Advocate
Edge On The Net
CBS
Supreme Courtpresumably not until a case gets to the Supreme Court
case law progressionAt this point, it’s a court order on DoD, and might turn up in the Federal Supplements. It will be case law if there’s an appellate ruling, which is to say, at the 9th, in which case it’s binding case law if upheld, but only in the 9th Circuit (in the Federal Reports). A SCOTUS ruling, of course, is the prime case law.
ODOJ might get the 9th to stay it pending a ruling.
Fiat justitia ruat coelum.
all the military has to dois to say they are using the survey to find out what the attitudes in the military are so that they can develop methods and programs to overcome those attitudes. They don’t ever have to admit that they are planning to use those attitudes to deny repeal.
If I had the moneyI’d bet 2 to 1 that Obama appeals this. He is a homophobe in progressive’s clothing. Is anyone really thinking that he’s EVER going to show any intestinal fortitude with LGBT issues? He’s never going to do a damn thing for us, then when he writes his memoirs, I’m sure he’ll talk about how what amazing strides HE made in the LGBT movement. What a disappointment. What a joke.
Z
SurveyThe purpose of the survey was to ferret out the source and intensity of any problems that would develop when DADT was repealed. It was not designed to effect appeal. That’s for Congress to determine as the military acknowledges. Once these problems are found, the most effective ways of countering them can be developed to be ready when needed.
The most important factor effecting a service member’s morale is the support they receive from their spouse. Any problems here must be found and effectively addressed as well.
Service members can be required to attend training sessions and seminars as has been noted. Programs for spouses would be available but voluntary. Other approaches may be needed.
Preparing for the repeal of DADT is not so easy as some here would hope.
As a community when do we start demanding Obama do the right thing? All of these posts give Obama our permission to appeal. Practically an expectation…..no problem Pres we understand. Well I for one say F-that! I for one stand in the corner of DO NOT APPEAL this decision. Consider this a gift Obama. It lets you, the Senate, and even the military OFF THE HOOK. Unconstitutional is unconstitutional….not kinda unconstitutional. DADT HARMS the military and the servicemembers. The military has been preparing for nearly a year on how to proceed post repeal. They are ready! How can our LGBT orgs. continue to excuse this President’s DOJ and it’s actions against our community? We should be united in a call to the President to NOT APPEAL this decision. But no we are the battered wife. What a sad day for our community. We get what we earn.
I don’t agree.That was the stated purpose of the survey. It’s real purpose is to help delay repeal as long as possible.
Really?“The most important factor effecting a service member’s morale is the support they receive from their spouse.”
Except if your gay.
great detailthanks!
Point takenYet neither has a spouse in a war zone.
its real purpose indeedDoD wrote it in a ridiculous and skewed way, seemingly designed to elicit certain answers. And, as if any previous army would have polled its members before a major undertaking.
Even George Bush’s administration in its golden prime never stooped to this level of Jon Stewart/Onion comedy.