Originally published on Advocate.com September 16 2010 9:45 AM ET
One week after a federal judge in California ruled
"don't ask, don't tell" unconstitutional, the Log Cabin Republicans, which brought the lawsuit, have formally asked the court to permanently bar enforcement of the law banning openly gay service members.
UPDATE: In a three-page proposed judgment filed to the court on Thursday, attorney Earle Miller representing the gay Republican group asked U.S. district judge Virginia A. Phillips to permanently enjoin the Defense Department "from enforcing or applying the statute and policy known as 'Don’t Ask, Don’t Tell,' including any implementing regulations, against any person under their jurisdiction or command, and from taking any actions whatsoever, or permitting any person or entity to take any action whatsoever, against gay or lesbian servicemembers, or prospective servicemembers, that in any way affects, impedes, interferes with, or influences their military status, advancement, evaluation, duty assignment, duty location, promotion, enlistment or reenlistment based upon their sexual orientation[.]"
Miller further requested that all current investigations or discharges of gay service members under DADT be immediately suspended and discontinued.
In a Thursday interview with NPR, Dan Woods, lead attorney in the Log Cabin Republicans case, said, "We want [Phillips] to block any further enforcement or application of 'don't ask, don't tell' wherever we have military operations — not just in California, not just in this country, but wherever we have military bases anywhere in the world."
Last week Phillips ruled that the DADT statute,
passed by Congress in 1993, violates free speech and due
process rights of gay service members. She also ruled that LCR is entitled to a
permanent injunction against DADT and gave Justice
Department attorneys until September 23 to object to the Log Cabin Republicans' proposed judgment in the case.
The Justice Department has argued that Phillips does not have the
authority to issue a nationwide injunction against the ban on openly
gay service members. It has not yet filed an appeal in the case.
Thursday's proposed judgment comes as the Senate battle over legislative repeal of DADT escalates, with Democrats scrambling to find the 60 votes needed to avoid a potential Republican filibuster of the National Defense Authorization Act, of which DADT repeal is a component (read the latest news on the Senate vote here). Log Cabin Republicans executive director R. Clarke Cooper told The Advocate that his organization has lobbied extensively in recent days for "Republicans to be steadfast for fair debate on [NDAA]" in the Senate.