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.
The U.S. Supreme Court voted Friday to keep to the "don't ask, don't tell" policy intact, rejecting a request by the Log Cabin Republicans that the court reinstate an injunction on the policy pending appeal. The court order was short and to the point, noting that Justice Anthony Kennedy referred the appeal to the full Supreme Court and further advising that Justice Elena Kagan, who had dealt with the policy as U.S. solicitor general, had not taken part in the deliberations.
"The application to vacate the stay entered by the United States Court of Appeals for the Ninth Circuit on November 1, 2010, presented to Justice Kennedy and by him referred to the Court is denied. Justice Kagan took no part in the consideration or decision of this application," read the order from the Supreme Court.
The request by Log Cabin was always considered a long shot, but the group's lawyers had hoped to convince the court to suspend enforcement of the policy while the appeals process plays out. Government lawyers are presently appealing a September decision that found the law unconstitutional to the ninth circuit court of appeals.
Log Cabin made two entreaties to the Supreme Court -- the initial request last week and another on Friday morning responding to the government's request earlier this week that the "don't ask, don't tell" policy be kept in place pending appeal.
"We have sought and received permission from the U.S. Supreme Court to file this reply because the government's opposition ignores critical points presented in our application to vacate the stay of the Ninth Circuit Court of Appeals," said a Friday morning statement from Dan Woods, White & Case partner who is representing Log Cabin Republicans.
Last week, Log Cabin lawyers took the unusual step of appealing to Justice Kennedy to lift a ninth circuit court ruling that placed a stay on a worldwide injunction of the policy originally ordered by federal district court judge Virginia Phillips in September. Justice Kennedy had the option of making an individual ruling on the request or referring it to the entire Supreme Court.
Government lawyers filed their response to that appeal Wednesday, but Woods took the extra step of countering the filing from the U.S. Department of Justice.
Woods said he requested the opportunity to reply because he felt the government's argument had failed on several key points: It did not address the fact that legislative repeal of the law is still "speculative," it does not properly consider the "hardships to current and prospective servicemembers" if enforcement of DADT continues, and it "exaggerates" what the district court's injunction does and does not require.
In the conclusion of the filing, Log Cabin lawyers wrote, "The district court's judgment and permanent injunction followed a full trial on the merits of the important constitutional issues raised by this case, but the court of appeals' order staying the enforcement of that judgment did not take into account the speculative nature of repeal -- the premise of the government's entire argument -- and did not take into account the harms that would be suffered by current and prospective members of the armed forces while a stay is in place. The court of appeals failed to analyze the stay application in light of the governing law and the record before it in this case."
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
Meet all 37 of the queer women in this season's WNBA
April 17 2024 11:24 AM
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
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
Here are the 15 gayest travel destinations in the world: report
March 26 2024 9:23 AM
Watch Now: The Daily
Trending stories from our video partner Advocate Channel.
For more videos and shows go to advocatechannel.com.
Trending stories from our video partner Advocate Channel.
For more videos and shows go to advocatechannel.com.
Latest Stories
How a lesbian's triumph on the Portland Timbers billboard broke barriers
April 24 2024 4:52 PM
‘Faces of Gun Violence’ exhibit unveiled at inaugural survivors’ summit
April 24 2024 4:46 PM
Trans woman Andrea Doria Dos Passos beaten to death in Miami Beach; arrest made
April 24 2024 4:36 PM
TikTok may be banned in the U.S. after Biden signs new law — Why?
April 24 2024 3:43 PM
Serial killer of gay men in New Orleans released after 46 years in prison
April 24 2024 2:16 PM
The 'largest bi+ event in the world' is happening this year. Here's when and where
April 24 2024 12:42 PM
What happens if Donald Trump is jailed for criminal contempt?
April 24 2024 12:22 PM
Megan Rapinoe, Sue Bird, and more urge NCAA to stand up for trans inclusion
April 24 2024 8:00 AM
Over 90% of trans youth live in states pushing anti-trans legislation: report
April 23 2024 10:08 PM