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To Dismay of Gay Activists, DOJ Asks Judge Not to Enforce ?Don?t Ask? Ruling

By Mary Jacoby

The Justice Department Thursday filed court papers objecting to an immediate end to the controversial “don’t ask, don’t tell” policy banning gays from serving openly in the U.S. military.

U.S. District Judge Virginia A. Phillips of the Central District of California ruled this month that the policy is unconstitutional and suggested she may issue an injunction against enforcement of the policy. The challenge was brought by the Log Cabin Republicans, a gay Republican group.

Even though President Barack Obama opposes the policy, the Justice Department had defended it, arguing the Executive Branch has the right to set its own policies, especially those affecting the military. It argued Thursday that if Phillips issues an injunction to force an immediate end to the policy, it should be narrowed in scope to cover only the Log Cabin Republican plaintiffs.

The government filing said:

As the Court is aware, both the Executive and Legislative branches are actively examining the DADT law and policy. A court should not compel the Executive to implement an immediate cessation of the seventeen year old policy without regard for any effect such an abrupt change might have on the military?s operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe

The filing sparked “dismay” among gay rights activists, the Washington Post reported. Log Cabin Republicans executive director R. Clarke Cooper told the newspaper his group his “extremely disappointed with the Obama administration,” adding: Many times on the campaign trail, President Obama said he would support the repeal of ‘don’t ask, don’t tell.’ Now that it’s time to step up to the plate, he isn’t even in the ballpark.”

Full post as published by Main Justice on September 24, 2010 (boomark / email).