Log Cabin Wants DADT Injunction

Lawyers for the Log Cabin Republicans asked a federal judge Friday to impose an injunction halting the military's "unconstitutional "don't ask, don't tell" policy.

LCR lawyer Dan Woods made the request in a packed courtroom in Riverside, Calif. while presenting closing arguments in LCR's federal case challenging the constitutionality of "don't ask, don't tell." He asked U.S. District Court Judge Virginia A. Phillips to issue an injunction upon the government to stop discharging gay and lesbian soldiers under the law "wherever [the federal government seeks] to apply or enforce ‘don’t ask, don’t tell,’ in any state of this country, or any other country of the world where the defendants might seek to enforce it."

She is expected to present a written verdict, though it may take many weeks
before she submits her decision. Experts say she may hold out until after Congress decides whether or
not to repeal "don't ask, don't tell."

In his closing argument, Justice Department attorney Paul Freeborne argued, as his legal team has throughout the trial, the Log Cabin Republicans do not have the legal standing to sue the government regarding "don't ask, don't tell."

"This decision is not one to be made by courts," Freeborne said in his closing statement. "This issue is one best served in political branches."

The Justice Department lawyers' argument has been that Congress acted rationally in 1993, when the policy was drafted, based on the testimony, research, and other evidence provided to them at the time. The lawyers did not assert whether the law was right or necessary.

The government also called into question J. Alexander Nicholson and Lt. Col. John Doe's respective Log Cabin memberships which Woods countered several times throughout the trial. Judge Phillips also said it was established through its bylaws that Doe and Nicholson were members of the organization.

"I really find it inappropriate for the government to be telling the Log Cabin Republicans who is and is not a member," he said after the trial.