DADT court case brought by Log Cabin Republicans wrapping up today in Riverside
RIVERSIDE – A lawsuit seeking to halt the military’s “Don’t Ask, Don’t Tell” (DADT) policy, which prevents gays and lesbians from serving their country openly, is wrapping up today in a federal court in Riverside.
Lawyers for the plaintiffs – the Log Cabin Republicans – will present their closing arguments and ask U.S. District Court Judge Virginia Phillips to declare the Clinton-era law unconstitutional.
The plaintiffs also argue that DADT violates the rights to free speech, due process and open association.
The gay political group set the groundwork for the lawsuit several years ago.
President Barack Obama declared during his State of the Union speech in January that he wanted the discriminatory policy repealed.
But Congress became bogged down during winter and spring with the health-care reform efforts, and DADT took a backseat. Gay rights supporters nationwide began protesting the lack of action on the issue.
Finally, on May 27, the House voted to repeal DADT. The Senate is expected to debate the issue this summer.
Meanwhile, the lawsuit filed in Riverside went forward, and it forced the government to defend a policy that the president and the House want repealed.
Judge Phillips allowed the case to go to trial despite arguments from the defense that Congress should decide the issue, not a federal judge.
The plaintiffs have put on the stand a broad group of witnesses, including victims of the DADT policy and military experts from nations where gay and lesbian troops serve alongside straight servicemembers.
Ironically, the attorneys for the Log Cabin Republicans have used the anti-DADT statements of President Obama, a Democrat, to bolster their case.
Judge Phillips has not said when she might render her verdict, so it is possible that the Senate vote could take place before she announces her decision.
The losing side is expected to appeal the decision.
