GOP Group's Lawyers Seek Injunction to Block Military Ban on Gays
Lawyers for a Republican gay rights group will ask a federal judge Friday to block enforcement of the military’s “don’t ask, don’t tell” policy during closing arguments in a lawsuit challenging the constitutionality of the policy.
The case is unique in that it is not based on an individual’s complaint but on a broad, sweeping challenge to the constitutionality of the policy, the Associated Press reported Friday.
The plaintiffs, the Log Cabin Republicans, contend that the policy violates the rights of gay military members to free speech, due process and open association.
During the two-week trial before U.S. District Judge Virginia Phillips in Riverside, Calif., the plaintiffs offered testimony from former officers discharged under the policy as well as studies showing that openly gay troops do not affect unit cohesion or military readiness, as proponents contend.
The Obama administration, which finds itself in the awkward position of defending a policy the president wants repealed, presented only the policy’s legislative history in its defense of the law.
Legal experts aren’t expecting an immediate ruling. The judge may even hold off to see if Congress repeals the policy first.
