Rep. Jared Polis, 68 House members send President letter urging no appeal on LCR case
Polis, 68 House Members Urge Obama to not Appeal DADT Ruling
WASHINGTON-In a final attempt to convince the President to stay true to his promise to fully repeal the military’s “Don’t Ask, Don’t Tell” (DADT) policy this Congress, Congressman Jared Polis (D-CO) has sent a letter backed by 68 members of the U.S. House of Representatives to President Obama, urging him not to appeal a recent ruling that found the law to be unconstitutional.
On September 9, 2010, Judge Virginia A. Phillips of the United States District Court of the Central District of California in Log Cabin Republicans v. United States, declared DADT unconstitutional on the grounds that it violates the U.S. Constitution’s guarantees of due process and free speech. The ruling would begin the process of dismantling this appalling policy, but is now subject to appeal from the Department of Justice (DOJ).
On September 23, 2010, the DOJ filed objections to the ruling, on the grounds that lifting DADT nationwide would be “untenable.” It now lies with Judge Phillips to determine what judgment she will enter in the case. The Obama administration will then have 60 days to make an appeal to the U.S. Ninth Circuit Court of Appeals.
The letter states: “Mr. President, in this critical time when military readiness is paramount we must recognize the importance of every linguist, flight nurse and infantryman. As you announced our official end of combat operations in Iraq, we must prepare for what is to come. To stay above the rest, to remain the most formidable military force in the world, we must innovate, change and grow. As we update our weaponry and strategy, so too must we open our policy to encourage as much cohesiveness and camaraderie as possible. In the military where lives rely on trust and determination, DADT represents neither.”
“We consider this matter a top priority to our service members, the American people and the security of the United States. We acknowledge and appreciate your support and hope that together we can end this dishonorable policy once and for all. We hope that you, as the Commander-in-Chief of the Armed Services, will take this opportunity to restore integrity to our military and decline to appeal Judge Phillips’ ruling.”