As Elisa mentioned on her post yesterday, U.S. District Judge Virginia Phillips issued an injunction on Tuesday stopping enforcement of the “don’t ask, don’t tell” policy, ending the military’s 17-year-old ban on openly gay troops. Good news, right? But according to this post, GLAD expects the Obama administration to appeal the DADT decision.
Gary Buseck, GLAD’s legal director Buseck stated that it is expected that the Executive Branch would appeal since it “has a responsibility to defend acts of Congress.”
I think the author of this post, Joe Sudbay, said it best:
We were told this week that the President hasn’t spoken to the constitutionality of DOMA yet. But, today, a federal court judge did. Twice. So, the Obama administration’s DOJ will now have to argue that DOMA is, in fact, constitutional. The DOJ will be arguing that the judge was wrong and DOMA is not an “irrational prejudice” and that it doesn’t violate “equal protection principles embodied in the Fifth Amendment to the United States Constitution.”
I hope Eric Holder, Tony West and the so-called LGBT Liaison at DOJ, Matt Nosanchuk, all think really long and hard about this. And, the Obama political team better pay attention, too. How they decide to proceed with their appeal is going to be scrutinized very closely and not just from a legal perspective. It will have political ramifications.
I really hope the Obama administration doesn’t appeal. I know that my friend Joshua, who works for the Servicemembers Legal Defense Network in Washington, D.C., is very disheartened, as am I.
Don’t do it President Obama. We need you to keep your promises.