DOJ responds to LCR in DADT case, wants to strictly restrict ruling

Just got the Department of Justice’s (DOJ) response to the Log Cabin Republican’s proposed injunction.

We’ll have more, but a quick read shows that DOJ wants to limit the injunction to the “Plaintiff and Its Members.” It actually sounds like DOJ wants to out gay servicemembers, “without the names of LCR’s members, defendants would have no way of knowing whether a particular servicemember who is subject to the actions set forth is in fact a bona fide LCR member.”

The DOJ also objects because “Plaintiff’s Proposed Injunction Would Foreclose the United States from Litigating the Constitutionality of DADT in Other Courts.” Yes, DOJ wants to keep arguing that DADT is constitutional. And, DOJ wants to be able to move for a stay.

Finally, the DOJ seems awfully concerned that if LCR wins this case, then the Obama administration will no longer be able to find that gay servicemembers hurt morale and cohesion. Why is the Obama administration so concerned about losing the “right” to discriminate against gay and lesbian servicemembers? This lead reader BeccaM to make the following observation:

They’re saying you can only bring a case if you’re in the military and out yourself, then you can begin the years-long process of seeking injunctive relief, but in the meantime they’ll throw your ass out for being gay. Which then makes you ineligible to bring a case because you’re not in the military anymore and therefore lack standing.

This is not the brief of a party that wants to find a way out of this mess. The Obama administration is aggressively defending DADT when the Obama administration doesn’t have to do this. See here, here and here.

DADT: DOJ response to LCR’s proposed injunction http://d1.scribdassets.com/ScribdViewer.swf


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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