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The Philosopher

(895 posts)
Mon Mar 26, 2012, 10:21 AM Mar 2012

Is DOJ Still Upholding Don’t Ask, Don’t Tell?

Full Title: Is DOJ Still Upholding Don’t Ask, Don’t Tell? A Painful Reminder That Gays Are Still Second Class Citizens
From LGBT POV

Tuesday, March 20 marked the 6th month anniversary of the repeal of Don’t Ask, Don’t Tell. To be sure, as former Marine Captain and longtime Servicemember Legal Defense Network board member Tom Carpenter noted, repeal was a “nonevent.” Even Stars and Stripes reported that “DADT died quietly.”

But the celebrations must be tempered with some hard facts: 1) the Justice Department is still arguing against the Log Cabin Republican legal team that won the ruling that DADT was unconstitutional; and 2) while President Obama lauds the repeal of DADT in his re-election speeches, he has not yet signed an executive order banning discrimination based on sexual orientation or gender identity in the military; and 3) because of the Defense of Marriage Act, the federal government is failing to provide health care and surviving spouse benefits, among other benefits, to out servicemembers. That most directly and painfully impacts Chief Warrant Officer 2 Charlie Morgan of the New Hampshire National Guard right now. Morgan came out on Thomas Roberts’ MSNBC show – but was apparently too ill with cancer to appear with him again on Tuesday to celebrate the repeal. Morgan is part of an SLDN lawsuit challenging DOMA.

In a statement commemorating the repeal, Army Veteran and SLDN Executive Director Aubrey Sarvis said:

“Even as we celebrate the success we have seen so far on ‘Don’t Ask, Don’t Tell’ repeal, we know that implementation cannot be entirely successful as long as we have two classes of service members. It’s past time for the Secretary of Defense to act on this front, and at this six-month mark, it would be entirely appropriate to do so. The reality is that the Department of Defense started looking at benefits long before repeal of ‘Don’t Ask, Don’t Tell’ took place, including in the findings of the Comprehensive Review Working Group…. We cannot be a nation with two classes of service members.” (For more on McLaughlin v. U.S. and the plaintiffs involved, click here.)


Meanwhile, retired transgender servicemember Autumn Sandeen noted that trans servicemembers now have OutServe through which they can connect – but they must still serve in silence since the repeal only applies to lesbian, gay and bisexual servicemembers.

And then there is the matter of the snarky DOJ continuing to fight the historic Log Cabin Republican lawsuit that hastened the repeal of DADT. Here’s a little trip down memory lane.

Click Here To Read More


This paragraph was interesting (and irritating) to me:

One thing is certain; we are all indebted to the Log Cabin Republicans, who brought this lawsuit. Where were the Stonewall Democrats? (Full disclosure: I am a long time and ardent Democrat). These Republicans have fought this battle for 7 years and have beaten the Department of Justice lawyers at every stage. Their attorneys from White & Case have worked all that time for no fees. There is no doubt that this case and the decision of Judge Virginia Phillips motivated the DoD to get with the program. How many times did Secretary Gates and Admiral Mullen talk about the need to keep the repeal process in the hands of the military for fear the Court would find DADT unconstitutional and force the government’s hand? Not to mention the 8-day period that Judge Phillips’ worldwide injunction stopping discharges under DADT was in place, and the military did not collapse. In the debate in the Senate and House leading to the passage of the DADT Repeal Act last year, this case was brought up over and over again. Judge Phillips decision was no doubt a motivating factor in getting the Congress, as well as the White House, to move repeal forward before the court’s decision became final.



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Is DOJ Still Upholding Don’t Ask, Don’t Tell? (Original Post) The Philosopher Mar 2012 OP
it's been bitter to me that the log cabiners put on a much better fight than stonewall did. xchrom Mar 2012 #1
Only Equal is Equal and if your God does not like equality, go get a new religion Bluenorthwest Mar 2012 #2

xchrom

(108,903 posts)
1. it's been bitter to me that the log cabiners put on a much better fight than stonewall did.
Mon Mar 26, 2012, 10:30 AM
Mar 2012

it's been something i can't fathom.

and as far as obama not signing off -- quelle surprise -- evolution takes time

 

Bluenorthwest

(45,319 posts)
2. Only Equal is Equal and if your God does not like equality, go get a new religion
Mon Mar 26, 2012, 11:26 AM
Mar 2012

Go sculpt a new idol to worship.

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