Saturday, October 16, 2010

Brody's Notes... Log Cabin Republican Attorney Calls DOJ DADT Request 'Red Herring'

By Brody Levesque (Bethesda, Maryland) OCT 16 | The lead attorney for the Republican Log Cabin plaintiffs in the DADT case, Dan Woods, in his response to the motion filed by the Department of Justice Thursday asking for a stay from Judge Virgina Phillips based on the fact that "immediate end to DADT "will cause significant disruptions," called that claim a 'red herring.
In his answer Woods wrote:
"[T]he heart of the government’s argument in its application [for a stay of the injunction] is to bemoan the administrative and rulemaking burden that would supposedly be placed on the military if the Court’s injunction remains in place, and to plead that the current military Working Group be allowed to complete its 'orderly,' if ponderous, research and recommendations project without interference from courts fulfilling their constitutional function," Woods wrote. "Homosexual servicemembers are fighting and dying today in two wars for their fellow Americans’ Constitutional rights; their own Constitutional rights should not be held hostage to an uncertain bureaucratic process that wants time to develop educational and training materials."
Deputy Undersecretary of Defence Clifford Stanley had pleaded with the court to make no substantial changes in the policy until such time as the current DOD review study was completed on December 1st, coupled with appropriate subsequent servicemembers education & training.
A spokesperson for the Log Cabin Republicans, Deputy Director Christan Berle, released this statement:
"At the same time the Pentagon was complying with the injunction against enforcing ‘Don’t Ask, Don’t Tell,’ President Obama’s attorneys were making the argument that compliance would be impossible. Log Cabin Republicans believes that the Department of Justice is severely underestimating the professionalism of our men and women in uniform. The United States military is the most powerful, most adaptable armed force in the world. It has dealt with racial integration and greatly expanded opportunities for women, and has grown stronger because of it. Open service for gay and lesbian Americans will be no different."

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