In September the Log Cabin Republicans lost their bid to have DADT declared unconstitutional when a Ninth Circuit Court of Appeals panel of three judges declared that their suit had been made moot when Congress repealed the law. Today the Ninth Circuit refused Log Cabin’s appeal for an en banc (fully court) hearing of their case. Via LCR press release:
“The 9th Circuit Court of Appeals has chosen to back away from its role in defending the constitutional rights of servicemembers. With open service the law of the land, it now falls to servicemembers themselves and their allies to be vigilant in protecting the freedom of gay men and women in uniform,” said R. Clarke Cooper, Log Cabin Republicans Executive Director. “Log Cabin Republicans will continue to fight for uniform treatment of all servicemembers, in Congress and in the court of public opinion, including working to end the so-called “Defense of Marriage Act” which wrongly discriminates against military families. Log Cabin Republicans are proud to have brought this case, proud of our victory at trial, and proud that the ruling in Log Cabin Republicans v. United States provided the necessary motivation to make repeal of ‘Don’t Ask, Don’t Tell’ a reality.”
The Log Cabin suit is critical should a future Congress or administration elect to reinstate a ban on openly gay soldiers.