Tags: US | Gays | in | Military

Supreme Court Asked to Review Gay Military Ban

Friday, 05 Nov 2010 11:49 PM

 

  Comment  |
   Contact  |
  Print   |
    A   A  
  Copy Shortlink

SAN FRANCISCO (AP) — A Republican gay rights group on Friday asked the U.S. Supreme Court to allow a California trial judge's order barring enforcement of the "don't ask, don't tell" policy on gays in the military to go back into effect.

Lawyers for Log Cabin Republicans asked the high court to vacate a 2-1 decision Monday by the 9th U.S. Circuit Court of Appeals keeping "don't ask, don't tell" in place until it considers the government's appeal of the judge's decision declaring the policy unconstitutional.

The Log Cabin group argued that the 9th Circuit panel abused its discretion when it blocked U.S. District Judge Virginia Phillips' order requiring the armed forces to allow openly gay Americans to enlist and serve.

It said the divided panel erred in accepting the Pentagon's claim that it needed more time to develop procedures for integrating gay service members and "gave no consideration whatsoever to the injury that will befall" while "don't ask, don't tell" is in place.

"Unless the court of appeals stay is vacated, the respondents will be free to continue to investigate and discharge American service members for no reason other than their homosexuality, in violation of their due process and First Amendment rights," the group's lawyers wrote.

The request was directed to Justice Anthony Kennedy, who handles emergency motions from the 9th Circuit. Kennedy on Friday evening asked the Department of Justice to respond by 5 p.m. Wednesday.

President Barack Obama, meanwhile, has pledged to push the Senate to repeal the policy in the lame duck session before a new Congress is sworn in.

The policy was lifted for eight days last month after Phillips ruled that it violates the civil rights of gay Americans and issued an injunction barring the Pentagon from applying it. The Obama administration appealed and asked the appeals court to reinstate the ban until it could hear arguments on the broader constitutional issues next year.

"It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court," R. Clarke Cooper, the group's executive director, said.

In their filing Friday, Log Cabin's lawyers disputed that the military would be harmed if the policy were suspended immediately.

Phillips' order "does not order the military to redesign its barracks, to retool its pay scales or benefits, to reordain its chaplains, to rewrite its already extensive anti-harassment or 'dignity and respect'" rules, or anything else," they said. "The district court's injunction requires only one thing: to cease investigating and discharging servicemembers for reasons unrelated to their performance and military ability."

___

Associated Press Writer Mark Sherman in Washington contributed to this story.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  Comment  |
   Contact  |
  Print   |
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Sony Hackers Taunt FBI, 'Congratulate' Its Success

Saturday, 20 Dec 2014 20:06 PM

A new message claiming to be from the group responsible for the Sony Pictures hack appears to mock the FBI, which named  . . .

US Turns to China to Help Stop NKorean Hackers

Saturday, 20 Dec 2014 19:42 PM

The Obama administration is seeking China's help in stopping North Korea from launching future cyber-attacks, the New Yo . . .

RNC to Theaters: 'We Cannot Be Bullied,' Show 'Interview'

Saturday, 20 Dec 2014 19:20 PM

The Republican National Committee is urging theater owners to play the The Interview following Sony's decision to pull . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved