In a filing today before the U.S. Court of Appeals for the Ninth Circuit, the Log Cabin Republicans argue that the government's request to stop the appeal of LCR v. United States while "Don't Ask, Don't Tell" repeal is being completed is unreasonable.
The move was expected, as LCR already had announced that it opposed the government's attempt to put the appeal on hold.
First, they argue that the language of the Don't Ask, Don't Tell Repeal Act is contingent on executive branch action. LCR's lawyers write, "Because repeal has not occurred and will not be effective until some time in the indefinite future, this appeal is not moot and should proceed to judicial resolution."
Moreover, LCR argues that because of that process, the problems with DADT that they had raised at trial continue at this time. LCR argues about the time until repeal is finished:
During that time, the military will continue to refuse to process enlistments of individuals who openly declare their homosexuality. It will continue to require that serving personnel who are homosexual conceal that core aspect of their identity, and lie, in violation of their oath and their honor, if the subject arises.
Finally, they argue that -- if the appeal is held for the time being as requested by the government -- the Ninth Circuit should lift its stay of the worldwide injunction of DADT enforcement that was issued by the trial court in October 2010.
The government likely will file a reply to today's argument.
Read the LCR brief: LCR-ResponseToGovtMotionJan2011.pdf