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 DADT Legal Challenge By Gay Republicans Moves
Forward
by 365Gay.com Newscenter Staff
Posted: April 30, 2007 - 3:00 pm ET
(Washington) A legal challenge to
"Don't Ask, Don't Tell" filed by Log Cabin Republicans will go to
trial on June 18th in Los Angeles a federal judge has ruled.
Log Cabin originally filed suit in the fall of
2004, on behalf of its gay and lesbian members currently serving in the United
States Armed Forces.
The suit did not provide specific names of its
members affected by the policy, which bars gays from serving openly in the
military.
In 2006 the judge dismissed the case, ruling that
to consider the case Log Cabin would have provide the court with the names of
its members who had been impacted by the policy.
Log Cabin re-filed the lawsuit explicitly
providing the Court with two injured members.
One of those members is Alexander Nicholson, who
was discharged from the Army because of the Don't Ask, Don't Tell law. The
second member is referred to as John Doe, and is currently serving in our armed
forces.
This John Doe plaintiff represents scores of Log
Cabin members courageously fighting the war on terror, Log Cabin said in a
statement on Monday.
“The case presents important
constitutional law issues,” said Dan Woods, lead attorney for the Log Cabin
Republicans.
“The Supreme Court has not
addressed the Don’t Ask, Don’t Tell law since its decision in Lawrence v.
Texas, which struck down that state’s sodomy laws. The Court held
Americans have a fundamental right to privacy and this includes the right of gay
and lesbian Americans to engage in intimate relationships without government
interference. Don’t Ask, Don’t Tell violates this fundamental right."
The case is one of two
currently before the courts.
The Servicemembers Legal
Defense Network is awaiting a ruling by a federal judge in Boston in case
involving 12 formers servicemembers who were discharged under DADT and who
seeking reinstatement in the Armed Forces.
Arguments in that case were
heard earlier this year.
Last month Congressman Marty Meehan (D-MA), chair
of the House Armed Services Sub-Committee on Oversight and Investigations,
reintroduced legislation to repeal the law. (story)
Meehan said that more than 120 Members of
Congress from both parties have signed on to co-sponsor the bill, called the
Military Readiness Enhancement Act.
©365Gay.com 2007
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