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 Gay Republicans Challenge DADT In Federal
Court
by 365Gay.com Newscenter Staff
Posted: June 18, 2007 - 11:00 am ET
(Los Angeles, California) A federal judge
will hear oral arguments today in Los Angeles in a lawsuit brought by Log Cabin
Republicans challenging the constitutionality of "Don't Ask, Don't
Tell" the ban on gays serving openly in the military.
"The case presents important constitutional
law issues," said Dan Woods, lead attorney for LCR.
"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,
" Woods said in a statement.
"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."
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 the armed
forces.
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.
In February legislation was reintroduced in
Congress to repeal DADT.
©365Gay.com 2007
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