At times, it feels like LGBT Americans are being used as a PR tool by this administration

[ruggerson]

I think we're all glad that Congress passed a statutory repeal of DADT, even though Obama and the military stripped out the very specific anti-discrimination language from the final bill.

Obama deserves credit for bringing the military aboard the repeal train. The bill would not have passed last year without the military brass' approval.

This was all accompanied by great fanfare with a celebratory signing ceremony, which was well deserved, imho.

But then, when the 9th Circuit does the right thing and lifts a stay on Judge Phillips order to immediately cease enforcing DADT, (a broad eloquent decision that laid out in detail why DADT is uncnostitutional) Obama's DOJ quietly sneaks back into the room and files an emergency motion in Federal Appeals court requesting that the stay be reimposed, in effect giving DADT a lifeline for a few more weeks/months.

Most damaging is the language the DOJ uses in it's motion. It argues that that the administrnation "has fully defended, and continues to defend, the constitutionality" of DADT.

So, at this late date in the seamy life of this discriminatory statute, we have a Democratic administration still declaring the law "constitutional." Language which will undoubtedly be gleefully used at some later date by bigots seeking to harm LGBT Americans.

Enough is enough.

The law is dead.

Complete the certification process and let the court ruling stand as is.

You don't have to do anything. You don't have to stand up in court and seek to reinstate the ban.

Just, for once, take political concerns out of the equation and do what is morally right.

It's just not that fucking hard.

[dkf]

1. They are doing the same thing as the GOP. Throwing red meat on the social issues...

To disguise the fact that the economy sucks.

[xchrom]

2. That's how it began right out the gate. Nt

[Skittles]

3. I really hope you are not just now figuring that out

[yardwork]

13. I had to laugh!

[sabo_tabby]

4. Better than as a target for oppression/violence by Rebug rank/file

[blkmusclmachine]

5. Don't overlook the possible: Animus toward GLBT people

I don't recall the Admin. ever rescending the 2009 DoJ Brief defaming GLBT people.

[RetiredTrotskyite]

6. Of Course There Is Animus Against GLBT People

Due to the religious nimrods in this country there is a decided animus against GLBT people in this country. And it isn't getting better on that score.
Hate crimes are up and people say things these days good taste or a desire not to be completely ostracized would have kept them from saying a few years ago. I read the various newsboards out there and with each new right we gain the hate seems to go up a few notches. So Not surprised Obama is using us.

[QC]

7. The president reminds me of the "cool straight guy" so many of us knew in college

who was always borrowing our notes and such but then pretended not to see us when we ran into him with his friends.

[joeybee12]

8. Take out the "at times" at the beginning of your Subject Line...

It's always been that way, whenever possible.

[Unvanguard]

9. This is terrible PR for them. They know that. That's not what's motivating them.

It has to be some combination of three factors: first, the Administration's general policy of defending federal law as a matter of principle (and a lack of desire to get other players involved in its defense); second, whatever policy commitment they may themselves may have to the gradual repeal process rather than the immediate halt of DADT by injunction; third, their desire to stand by their deal with the military, which clearly has never been happy with judicial intervention in their affairs (it was, after all, one reason Gates gave for supporting repeal.)

If I had to guess, I'd say that the third factor dominates. But I don't know. I thought they would probably tell the Ninth Circuit they continued to defend DADT's constitutionality (as the statute exists post-Repeal Act), but I didn't think they'd try to reinstate the stay, the removal of which struck me (like it struck the Ninth Circuit panel) as essentially costless for the military at this point.

For what it's worth, the DOJ motion, while including the language you mention, also makes clear that it predicates its defense of DADT on the temporary nature of the statute (as well as some procedural objections it has to the scope of the district court's injunction.) It doesn't say anything about the substance of the district court's opinion, beyond vaguely referencing other courts that have reached different conclusions. And it heavily relies on traditional judicial deference to the military, so it would be pretty hard to apply its reasoning here to non-military gay rights contexts. (The DOJ brief arguing against the constitutionality of DOMA made it pretty clear that it didn't take its reasoning to apply to the military, either.)

[William769]

10. We are not being used as a PR tool, were just being played.

And not just by this Administration.

[queerart]

11. + 1,000,000,000,000,000

You have it exactly correct my friend.... Being played.......


Over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over, and over again!

[w8liftinglady]

12. and as more of us come out,they'll realize what a serious factor we are.

agree 100%!