In the wake of the court decision which declared Don’t Ask Don’t Tell unconstitutional on First Amendment grounds, people may be curious where things go next. Conveniently, Jarrod Chlapowski of Servicemembers United posted this at Pam’s House Blend, and Joe Sudbay reposted it, so we’ll post it here too, in case you haven’t seen it:
Yesterday a ruling was finally issued on the years-old LCR v. USA case declaring DADT to be unconstitutional and placing an injunction on discharges. I still remember the day – after a meeting with Sen. John Warner – Alex was asked to be lead plaintiff on this case. Both legislative and judicial repeal were a long shot at that point, so the attitude then was “why not?” Always good to have a backup plan.
Always good indeed.
Over the next day or so there will be many analyses of what the ruling means that will be much more clever than my non law school-trained mind could produce. So I won’t. Ultimately what the analyses will say is that this doesn’t stop discharges, yet, and the appeals process is very long.
So what does this mean going forward into, say, next week when Congress gets back into session? It means we use this to push, push, push for a September vote.
Now is not the time to show off your political prowess with flabergasted side-eyed sentiments like, “Ok, this is a good step forward, but it’s Log Cabin, so…I just don’t get them and their self-hating self-hatred. Here’s my diatribe as to why.” This lawsuit is a good thing, and a positive product many accuse Log Cabin of not producing. If you claim your opinion of Log Cabin is based on rational logic, then rationally you have to give them kudos for this lawsuit. No, you do. Seriously, cut the crap.
Now is the time, however, to use the hell out of this lawsuit. How? Three ways:
a.) Talk, talk, talk about it. Use this as an example of how the courts are stronger than our advocates in Congress. State that the only way to claim otherwise is to vote on NDAA in September. Show that if the Dems want to claim any association with repeal of DADT, they had better push Congressional repeal this year. Write a blog about how a sure way to de-motivate a base is to not jump on repealing DADT now. There are many possible angles to talk about this, so do. Keep this in the public psyche going into next week, as this will be key in determining how Congress goes forward with its September schedule.
b.) Call/write/whatever your Senator and talk, talk, talk about it. Let them know that you fully expect them to take on this issue this year and not let them be outdone by the courts, and that not pushing for legislative repeal, now, would be very disappointing.
c.) Identify upcoming DADT repeal events and participate where you can. I can tell you on SU’s end we have our Final Assault lobby day in DC next Thursday (September 16), which is a great opportunity to demonstrate that we, as a community, are taking repeal this year very seriously, and that we know that no vote in September is very bad for repeal prospects.
Bottom line – the momentum for repeal has kicked up again at a very opportune time. Let’s not screw it up over petty in-fighting.
Let’s do this.
Wise words.
Seconding what Jarrod wrote….
I will never vote “Repug,” but the residual nonsense, e.g., LCR only did this to embarrass Obama and the Dems just demonstrates again how invincibly ignorant some people are.
1. The case was orignally filed against BUSH’s DoD! Are we to believe Republicans were trying to embarrass Republicans? They filed the suit for the same reason Republican powerhouse Ted Olson joined the Prop 8 suit – it was the right thing to do.
2. Obama doesn’t need anyone to embarrass him – Nobel should create a new Putz Prize for how well he keeps embarrassing himself…including letting his DOJ repeatedly use tactics better fitting Chicago dirty politics to kill the case, including insisting that an unnamed gay servicemember in Iraq referenced in the lawsuit can’t “claim” that the ban hurts him BECAUSE HE HASN’T BEEN DISCHARGED, and trying to bully the judge into waiting until Congress acted.
Ans let us not forget that the ODOJ REFUSED LCR’s offer to postpone the case if the government would freeze discharges pending repeal.
Which brings me to what was missing in Jarrod’s comment:
It is not just Harry Reid and other members of the Senate that we should be pressuring to pass DEFAUTH containing the “maybe repeal” amendment before midterms kill any possibility of it happening.
As Salon’s Glenn Greenwald has written, emphasis mine:
“[Obama] presides over the Democratic Party and exerts extreme influence over its fund-raising infrastructure on which virtually every Democratic incumbent relies. The means he has to exert influence over members of Congress WHEN IT’S IMPORTANT TO HIM –as he demonstrated in the Blanche Lincoln race and in other instances–are numerous and formidable…. It is extremely common for the White House to horse-trade with members of its own party to secure support FOR LEGISLATION IT WANTS. …
It can and does trade appointments, concessions on other bills, pork projects in the Executive Branch’s discretion, and favors for political allies in exchange for a certain vote; conversely, IT CAN THREATEN TO IMPOSE ALL SORTS OF POLITICAL COSTS ON INCUMBENTS USING THOSE SAME MEASURES. …
HE HAS REFUSED AND CONTINUES TO REFUSE TO EMPLOY THOSE WEAPONS IN SUPPORT OF MUCH PROGRESSIVE LEGISLATION HE AND HIS DEFENDERS CLAIM HE WANTS, but uses those same weapons aggressively and effectively for the opposite (unconditional war-funding, stripping out provisions from financial reform which Wall Street dislikes, defeating drug re-importation to ensure that the pharmaceutical industry remains happy, negotiating the public option away at the start of the process to please industry interests, etc.). … [O]ne cannot reasonably claim that he lacks substantial leverage to influence the legislative process IF HE CHOOSES TO.”
The number through which you can reach any Senator’s office is (202) 224-3121.
Harry Reid’s direct line is: 202-224-3542.
You can send him a message online at:
http://reid.senate.gov/contact/index.cfm
The White House telephone number is 202-456-1414.
You can send them an online message at:
http://www.whitehouse.gov/contact
Finally, some additional good news is that momentum from the judicial arena will continue next week when the ODOJ jumps down the rabbit hole yet again to defend DADT yet again when the retrial of discharged Air Force Maj Margaret Witt’s challenge begins in Monday at 9:30 a.m. in US District Court for the Western District of Washington in Seattle.
Recall that due to the May 2008 Ninth Circuit Court of Appeals ruling that the Obama Administration continues to ignore just like the Bush Reich did, the government must prove that discharging her “significantly furthers the government’s interest” because SHE would somehow hurt the military [versus the assumption that all gays do by definition].
How many ways does our alleged Commander-in-Chief have to be reminded that he has chosen the wrong side of History before he stops being Robert Gates’ pissboy?
Also – protest at recruitment centers! they badly need skilled people – highlighting homophobia and bigotry at their ‘point-of-sale’ deters the very people they need. the military can legally recruit on university campuses irrespective of LGBT diversity poicies now – turn those events into an embarrassment for the military. mass application events at recruitm,ent centers from those who were kicked out would be another idea.
if LGBT servicepeople came out, en-masse, by the thousand, e.g. by means of a petition, or advertisement in the NYT, that might have an effect. take a risk and turn up the heat.