Lawyers seek injunction to halt military gay rule
Lawyers for a Republican gay rights organization will ask a judge for an injunction to halt the military’s "don’t ask, don’t tell" policy during their closing arguments in a federal trial challenging the law.
Lawyers for the Log Cabin Republicans say they will ask U.S. District Court Judge Virginia A. Phillips on Friday to declare the law unconstitutional.
The case is unique in that it is not based on an individual’s complaint but rather is a broad, sweeping attack on the policy. It is the biggest legal test of the law in recent years.
The case has put the Obama administration in the awkward position of defending a policy the president wants repealed. Government attorneys have argued throughout the two-week trial that Congress should decide on the policy - not a federal judge.
They presented only the policy’s legislative history in their defense.
The Log Cabin Republicans’ witnesses included former officers discharged under the policy and other experts who presented studies of how openly gay troops do not affect unit cohesion or military readiness, as proponents of the law have argued. The group’s attorneys also submitted President Barack Obama’s remarks that the "don’t ask, don’t tell" policy weakens national security.
The plaintiff’s lead lawyer, Dan Woods, argued the policy violates the rights of gay military members to free speech, due process and open association.