DOJ files second DADT legal appeal to 9th Circuit
The U.S. Department of Justice sent notice to a federal district court in Tacoma, Washington, that it will appeal the court’s ruling that Don’t Ask, Don’t Tell violates the federal constitution.
The latest appeal comes in the case of Margaret Witt v. U.S., in which U.S. District Court Judge Ronald Leighton ruled that Witt’s discharge under Don’t Ask, Don’t Tell (DADT) violated her Fifth Amendment right to due process because her sexual orientation did not negatively impact her unit’s morale or unit cohesion.
White House press secretary Robert Gibbs issued a statement Tuesday saying the government’s appeal in Witt “in no way diminishes the President’s—and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year.” Instead, said Gibbs, the appeal underscores “why Congress must act to end this misguided policy.” Leighton’s ruling came just two weeks after another federal district court judge, in Riverside, California, ruled DADT unconstitutional in Log Cabin Republicans v. U.S.
DOJ filed an appeal of Log Cabin with the 9th Circuit U.S. Court of Appeals and the appeals court has agreed to hear the government’s appeal. Argument in that case is scheduled for February.
Both appeals involve Fifth Amendment issues; Log Cabin also involves a First Amendment issue.
The Obama administration now has two appeals of DADT decisions in the 9th Circuit and two appeals of Defense of Marriage Act cases in the 1st Circuit.
Once again Obama shows his contempt for the gay community. I will not vote again for [him]. He has betrayed me…..
Obama is caught between a rock and a hard place. Between the DOJ, The U.S. District Court, the 9th Circuit U.S. Court of Appeals, the House, the Pentagon Study, the various individual military leaders and other entities, he has a lot on his hands, and that doesn’t even factor in the other national and international issues! Give him time. He has already reversed the downward death spiral the Repugnicans left us in and has accomplished much more than people give him credit for. Like the article says, “the government’s appeal in Witt ‘in no way diminishes the President’s—and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year.'” The key words are LEGISLATIVE REPEAL. Like Bill Clinton, who earlier wanted to repeal the military ban on gays and lesbians, he got stuck with the ugly legislative compromise known as DADT. Obama wants it done thoroughly and without compromise, once and for all, no questions, end of story. Please give him the time to accomplish this. He is the best friend we have EVER had in the White House. And whatever you do, DO NOT VOTE REPUBLICAN!