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Don't ask, don't tell, don't push it
President Obama insists he is determined to repeal the federal law that requires lesbian and gay servicemembers to remain silent about their sexual orientation on pain of discharge. Some — if by no means all — of the top Pentagon brass agree the law should go. So does the chairman of the Senate Armed Services Committee. Read the story. -
Judge refuses to delay 'Don't Ask, Don't Tell' trial
A lawsuit challenging the constitutionality of the military's "Don't Ask, Don't Tell" policy will go to trial as planned on June 14, despite the Obama administration's plea for a stay pending political efforts to repeal the law that bans service by open gays and lesbians. Read the story. -
Government attacks plaintiffs' standing to challenge 'Don't Ask, Don't Tell'
Justice Department lawyers, faced with defending "Don't Ask, Don't Tell" at trial while President Obama continues to call for the law's repeal, have turned up the heat in recent court filings by attacking the standing of an alleged victim in the case. Read the story. -
Deadline nears as judge rejects procedural bar to 'Don't Ask' challenge
The U.S. government has until next week to make its final pre-trial arguments against a lawsuit alleging that "Don't Ask, Don't Tell" is unconstitutional. Read the story. -
Don't Ask, Don't Tell suit going to trial
A federal judge refused on Monday to throw out a lawsuit challenging the constitutionality of Don't Ask, Don't Tell, the policy that excludes openly gay and lesbian people from serving in the military, according to Daniel Woods, the lawyer representing the plaintiff, Log Cabin Republicans. Read the story. -
Trial opens in challenge to Don't Ask, Don't Tell
The Don't Ask, Don't Tell policy excludes open homosexuals from serving in the U.S. military "solely on the basis of status and conduct that is constitutionally protected," a lawyer for a gay Republican group argued as trial opened Tuesday in a case that seeks to bar enforcement of the law. Read the story. -
Judge debates government during closing arguments on Don't Ask, Don't Tell
The military's "Don't Ask, Don't Tell" policy fails to set forth a government interest that warrants intruding on the constitutionally protected rights of openly homosexual members to serve, the Log Cabin Republicans argued as the trial in the organization's challenge to the policy wound down on Friday. Read the story. -
'Don't Ask, Don't Tell' ruled unconstitutional
A federal judge's ruling striking down the policy that prohibits openly homosexual members from serving in the U.S. military could stand, particularly if the Obama administration chooses not to appeal, but would not necessarily carry weight in other circuits. Read the story. -
Courts won't have the last word on DADT
Two federal court rulings dramatically shifted the legal landscape with respect to the military's ban against openly gay service members. It's unclear, however, whether they will survive U.S. Supreme Court review. Ultimately, the matter may be settled where the Obama administration wants it to be — in Congress. Read the story. -
Judge issues global injunction against military's gay ban
A federal judge in California has issued an injunction barring enforcement of Don't Ask, Don't Tell, the federal law banning service by open homosexuals in the armed forces. Read the story. -
Government asks for stay of injunction against 'Don't Ask'
The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of Don't Ask, Don't Tell, the law that bans open homosexuals from serving in the military. Read the story. -
Judge refuses to waver on Don't Ask, Don't Tell injunction
A federal judge in California on Monday tentatively denied a request by the federal government to stay a permanent global injunction barring enforcement of Don't Ask, Don't Tell, the military's ban on open homosexuals. Read the story. -
Case against DADT depends on how well injunction against it works
The Pentagon's announcement that it would comply with a federal judge's order to lift the ban on openly gay service members could impair the government's defense of the Don't Ask, Don't Tell law before a federal appeals court, according to legal experts who are tracking the case. Read the story. -
9th Circuit grants stay of 'Don't Ask, Don't Tell' injunction
A federal appeals court on Wednesday granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of Don't Ask, Don't Tell, the military's ban on openly gay service members. Read the story. -
Log Cabin Republicans move to reinstate injunction against 'Don't Ask, Don't Tell'
A permanent injunction barring enforcement of "Don't Ask, Don't Tell" won't harm the military, which has proven in recent weeks that discharges and investigations of openly gay service members can be halted without incident, according to Log Cabin Republicans in court papers filed on Oct. 25 before the U.S. Court of Appeals for the 9th Circuit. Read the story. -
Elections, court ruling leave small window for repeal of Don't Ask, Don't Tell
Efforts to retain the military's ban on openly gay service members scored two big wins this week when a federal appeals court on Monday halted an injunction barring its enforcement and voters on Tuesday replaced members of Congress who had pushed for legislative repeal of the law. Read the story. -
Log Cabin Republicans appeal to the U.S. Supreme Court
The Republican gay rights group filed an appeal with the high court on Friday accusing the U.S. Court of Appeals for the 9th Circuit of "an abuse of discretion" in blocking a lower court's injunction against enforcing the policy, which prevents gays from serving openly in the military. Read the story. -
Both sides urge expedited 9th Circuit review of Don't Ask, Don't Tell
The Log Cabin Republicans and the Justice Department, which are dueling in court over Don't Ask, Don't Tell, have reached agreement on one thing: The appeal of a judge's finding that the law is unconstitutional should be heard soon. Read the story. -
Don't Ask, Don't Tell foes plan to fight on in court, despite policy's repeal
Don't Ask, Don't Tell is on its way out, but the litigation surrounding the policy will stick around for a little bit longer.
The Log Cabin Republicans — which first challenged the constitutionality of the policy in 2004 — said it wouldn't pull its lawsuit until Defense Secretary Robert Gates certifies the repeal. Read the story. -
Log Cabin Republicans ask 9th Circuit to halt Don't Ask, Don't Tell discharges
The Log Cabin Republicans on Monday asked a federal appeals court to halt all investigations and discharges under Don't Ask, Don't Tell until the legislative repeal of the policy by Congress can take effect. Read the story. -
DOJ sticks to its guns on Don't Ask, Don't Tell
U.S. Justice Department lawyers have moved again to halt the court fight over Don't Ask, Don't Tell, citing Congress's recent vote for repeal. At the same time, government lawyers asked the appeal court to reverse a federal judge who ruled that the military's ban on open homosexuals was unconstitutional. Read the story. -
Don't Ask, Don't Tell supporters file amicus briefs
Two conservative legal groups have filed amicus briefs supporting the federal government's defense of Don't Ask, Don't Tell in a case now before the U.S. Court of Appeals for the 9th Circuit. Read the story. -
Don't Ask foes cite implicit reversal by Obama administration
The Justice Department has made an implicit "about face" regarding the constitutionality of the Don't Ask, Don't Tell policy in court — even though government lawyers are seeking to overturn a ruling that struck down the military's ban on open homosexuals, the Log Cabin Republicans argued in a brief filed on March 28 before a federal appeals court. Read the story. -
Don't Ask, Don't Tell Appeal attract amici
Gay rights and legal organizations and a group of churches have filed amicus briefs urging a federal appeals court to uphold a Sept. 9 ruling striking down Don't Ask, Don't Tell as unconstitutional. Read the story. -
Foes renew push to ban enforcement of Don't Ask, Don't Tell
As political and military leaders continue the process of dismantling "Don't Ask, Don't Tell," the organization that won an injunction barring worldwide enforcement of the law last fall unleashed a new legal tactic in an effort to move faster toward ending the ban on openly homosexual service members. Read the story. -
Court tells Obama administration to state its position regarding DADT's constitutionality
A federal appeals court on July 11 ordered the Obama administration to declare for the record whether it intends to defend the constitutionality of Don't Ask, Don't Tell. Read the story. -
With DADT's demise, law schools dropping military recruiter bans
Don't Ask, Don't Tell has long been a source of controversy at law schools, and the end of the policy means that law campuses will become less hostile to military recruiters. Read the story. -
Obama administration insists Don't Ask, Don't Tell ruling was mooted by policy's repeal
With repeal of Don't Ask, Don't Tell expected to become effective on Sept. 20, a court ruling that the military's ban on openly gay service members was unconstitutional is moot and should be wiped off the books, a Justice Department attorney told a federal appeals panel. Read the story. -
9th Circuit refuses to let Don't Ask, Don't Tell ruling set a precedent
A federal appeals court on Nov. 9 rejected a request by Log Cabin Republicans for a rehearing of its constitutional challenge to the now-repudiated Don't Ask, Don't Tell policy. Read the story. -
Log Cabin Republicans win attorney fees in DADT case
A federal judge has ruled that lawyers who represented the Log Cabin Republicans in a constitutional challenge to the military's Don't Ask, Don't Tell policy deserve attorney fees and expenses, even though a federal appeals court ultimately vacated her ruling in the organization's favor. Read the story.
