CONTACTStaffCAREER OPPORTUNITIESADVERTISE WITH USPRIVACY POLICYPRIVACY PREFERENCESTERMS OF USELEGAL NOTICE
© 2024 Pride Publishing Inc.
All Rights reserved
All Rights reserved
By continuing to use our site, you agree to our Private Policy and Terms of Use.
A long-pending lawsuit challenging the constitutionality "don't ask, don't tell" will finally be heard in a Southern California federal courtroom today.
Opening statements in Log Cabin Republicans v. United States of America will begin at 9 a.m. Pacific time (Visit Advocate.com and The Advocate's Twitter page for updates on the proceedings). Log Cabin Republicans will argue in the nonjury trial before U.S. district judge Victoria A. Phillips that the 1993 law barring gays and lesbians from serving openly in the military violates constitutional protections of due process and free speech.
Though President Barack Obama has publicly stated both his opposition to the law and his support for its repeal, the Justice Department is defending the policy in court after previous failed attempts to dismiss the suit.
"Though times may have blinded the Congress that enacted DADT to this truth, all available evidence, both at the time of enactment and since, shows that DADT is a law that serves only to oppress," attorney Dan Woods, who represents the national gay Republican organization, wrote in a pretrial memorandum.
Log Cabin also contends that its standing to sue the government, one now at the center of a heated legislative repeal effort on Capitol Hill, rests on its members who are current, retired, or former members of the armed services. Attorneys identify two specific service members adversely affected by the policy: Lt. Colonel "John Doe," who recently completed a tour of duty in Iraq, remains in the military and thus has been granted anonymity in legal proceedings; and J. Alexander Nicholson, the executive director of Servicemembers United, who was discharged from the Army in 2002.
Log Cabin spokesman Charles Moran said a federal judge in Los Angeles originally assigned to the case in 2004 had retired and that the suit was then reassigned to Judge Phillips in Riverside, Calif.
"It would be preferable for 'don't ask, don't tell' to be repealed legislatively, but while there is legislation moving through now, President Obama has said he would veto the defense authorization bill if it contains too much pork, which will basically sink what our community is trying to do," Moran said.
The suit puts needed pressure on DADT repeal, Log Cabin argues. "We believe our case can work in concert with the legislative process that is now underway," the group said in a recent press release. "We must remember that the legislation is conditional upon the House and Senate passing their own bills, and then coming together in a conference committee to work out the details of a final bill that will then have to pass both chambers."
Log Cabin's legal team has a lengthy list of both expert witnesses and former service members affected by the policy, including Lt. Jenny Kopfstein and Maj. Mike Almy, both of whom testified about DADT repeal before the Senate Armed Service Committee in March.
Expert witnesses in the plaintiffs' list submitted to the court include Palm Center director Aaron Belkin and Nathaniel Frank, author of Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America.
By all accounts the Justice Department will not put any witnesses on the stand to defend DADT; it has argued that the law is constitutional if Congress passed it in 1993 with a rational intent to secure an effective and cohesive military. But Judge Phillips has indicated she will allow court evidence arising after 1993, as court cases decided after DADT went into effect have raised the level of scrutiny for laws that perpetrate antigay discrimination.
"[The Justice Department] is fighting this case tooth and nail by getting us completely thrown out, but at the same time, it's questionable that they're not putting up more of a robust defense," Moran said.
Want more breaking equality news & trending entertainment stories?
Check out our NEW 24/7 streaming service: the Advocate Channel!
Download the Advocate Channel App for your mobile phone and your favorite streaming device!
From our Sponsors
Most Popular
Here Are Our 2024 Election Predictions. Will They Come True?
November 07 2023 1:46 PM
17 Celebs Who Are Out & Proud of Their Trans & Nonbinary Kids
November 30 2023 10:41 AM
Here Are the 15 Most LGBTQ-Friendly Cities in the U.S.
November 01 2023 5:09 PM
Which State Is the Queerest? These Are the States With the Most LGBTQ+ People
December 11 2023 10:00 AM
These 27 Senate Hearing Room Gay Sex Jokes Are Truly Exquisite
December 17 2023 3:33 PM
10 Cheeky and Homoerotic Photos From Bob Mizer's Nude Films
November 18 2023 10:05 PM
30 Steamy Photos of Folsom Street Fair 2023 Debauchery
October 15 2023 11:06 PM
42 Flaming Hot Photos From 2024's Australian Firefighters Calendar
November 10 2023 6:08 PM
These Are the 5 States With the Smallest Percentage of LGBTQ+ People
December 13 2023 9:15 AM
60 Burly Pics from Bearrison Street Fair 2022
October 08 2023 8:30 PM
Watch Now: Advocate Channel
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Trending Stories & News
For more news and videos on advocatechannel.com, click here.
Latest Stories
Check out the lesbian wedding at the center of 'Anyone But You'
March 16 2024 12:41 PM
This women’s roller derby league is standing up for trans athletes by suing their county
March 16 2024 12:29 PM
Oprah, Niecy Nash-Betts, Out win big at GLAAD awards
March 15 2024 7:28 PM
Pence says he ‘cannot in good conscience’ endorse Trump
March 15 2024 6:03 PM
From contradictions to compassion, the LDS Church struggles with LGBTQ+ inclusion
March 15 2024 4:30 PM
Kamala Harris celebrates Irish prime minister and his husband at St. Patrick’s Day event
March 15 2024 3:09 PM
Editor Q&A: Florida can 'say gay,' and what motivates LGBTQ+ voters
March 15 2024 2:54 PM
Toxicology experts say death from medications in Nex Benedict case ‘very, very uncommon’
March 15 2024 2:51 PM
Republican Ohio senate candidate Bernie Moreno’s LGBTQ+ hypocrisy exposed
March 15 2024 1:41 PM