Department Of Justice Files Appeal Requesting Judge Refrain From Implementing DADT Injunction

Expected, but disappointing nonetheless the Department of Justice met a Thursday deadline imposed by United States District Judge Virginia A. Philips, filing an objection to her ruling of last week in Riverside, California that struck down the military ban on openly gay and lesbian service members as being unconstitutional and called for an immediate injunction halting any and all discharges under that policy, according to a report by the Associated Press. Attorneys for President Obama called the possible injunction “untenable,” arguing that Philips would exceed the court’s jurisdiction if she were to issue such an order. Instead, the DOJ maintains that she should limit any injunction to the 19,000 members of the Log Cabin Republicans, the GOP-based gay rights group that filed the lawsuit in 2004 that led to Philips’ ruling. White House spokesperson Robert Gibbs, in an e-mail sent to the AP, stressed that the filing does not indicate that the Obama administration is retreating from a political promise made to repeal “don’t ask, don’t tell,” saying “This filing is no way diminishes the president’s firm commitment to achieve a legislative repeal of DADT – indeed, it clearly shows why Congress must act to end this misguided policy.” Judge Phillips said that she intends to issue an order stopping the policy, but in Thursday’s filing, federal attorneys wrote in part “A court should not compel the executive to implement an immediate cessation of the 17-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.” Philips – anticipating such an argument – wrote last week that the policy does not benefit military readiness, and instead has a “direct and deleterious effect” on the armed services.