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The Log Cabin Republicans, a gay and lesbian advocate group within the Republican Party, is continuing to fight the repeal of DADT within the courts. Recall that Judge Virginia Phillips ruled on September 9, 2010 that the policy violated the First and Fifth Amendments of the Constitution. However, we thought that that court action was moot because of the repeal of DADT by Congress and signed into law by Obama on December 22, 2010. At the signing, Obama said it would be implemented in a matter of months.
Quoting the Log Cabin Republicans on January 10th: "Despite what the government has led the American people to believe, Don't Ask, Don't Tell has not been repealed and will likely remain the law of the land until the end of 2011,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans vs United States of America. “In the meantime, openly gay individuals are not free to enlist in our armed forces, current service members must continue to live a lie, and the government continues to investigate and discharge service members. What’s more, the government is trying to delay the briefing and argument on its appeal from the judgment and injunction obtained by Log Cabin Republicans. The government asked us to agree to the delay and we were willing to do so on one condition: that the government halt all pending investigations and discharges during the period of delay. The government refused, and its attorneys said that investigations and discharges will continue. For these reasons, Log Cabin Republicans' case is still alive and kicking. Our filing today opposes the government's motion to delay the appeal and asks the US Court of Appeals for the Ninth Circuit, in the alternative, to stay all investigations and discharges in the event it is prepared to grant the government's request for delay."
In the meantime, while the Log Cabin Republicans are pushing for a speed up of the implementation, Rep Douglas Hunter and a group of House Republicans have introduced legislation to delay the implementation of DADT repeal.
Obama has always said he wanted the repeal of DADT to be done by Congress and not an executive order or by "judicial activism." Now we seem to have two parts of the Republican Party working against each other. While it is true that DADT is still in effect until 60 days after the government certifies that the military is ready for implementation, it does not necessarily mean that the government is continuing to discharge members.
Is the repeal being politicized by the Log Cabin Republicans to gain Republican favor with the LGBT community? What do they hope to gain by continued litigation in the courts? Would it speed up implementation?