I could see a court saying the issue is moot once the law is throw out, but Log Cabin’s attorney is correct – there are a lot of gay service members who now have a black mark on their military discharge papers – either the discharge was less than honorable, or the papers say why you were discharged (i.e., you’re gay). That’s not acceptable. Nor is it acceptable that the administration is still asking DADT victims to pay back their tuition and training costs to the government. Nor is it acceptable that the government has already forced a lot of people to pay such damages. All of that money needs to be returned, and all of those discharge papers need to be expunged.
But Dan Woods, lawyer for the Log Cabin Republicans, the gay rights organization that sued to overturn the law seven years ago, said some of the 14,000 service members discharged since 1993 still need judicial protection.
Those with less-than-honorable discharges are ineligible for veterans’ benefits and cannot be buried in military cemeteries, and some have been sued by the government to recoup loans, Woods said. He also noted that some Republican presidential candidates have called for reinstating the 1993 law.
If the case is dismissed and the lower-court ruling overturned, Woods said, “the government will be unconstrained and might do it again,” with no legal precedent standing in the way.