Sens. Kirsten Gillibrand (D-NY) and Mark Udall (D-CO) have assembled a coalition of 19 Senators to urge Attorney General Eric Holder not to appeal the worldwide injunction on enforcing the military’s Don’t Ask Don’t Tell policy. Impressively, the group includes moderate Tim Johnson and conservative Mary Landrieu. The full list of signers:
Senators John Kerry (D-MA), Charles Schumer (D-N.Y.), Roland Burris (D-IL), Sheldon Whitehouse (D-R.I.), Mary Landrieu (D-LA), Bernard Sanders (I-VT), Jeff Merkley (D-OR), Jeanne Shaheen (D-N.H.), Tim Johnson (D-S.D.), Al Franken (D-MN), Barbara Boxer (D-CA), Russ Feingold (D-WI), Frank Lautenberg (D-N.J.), Richard Durbin (D-IL), Bob Menendez (D-N.J.), Michael Bennet (D-CO), Barbara Mikulski (D-MD), Sherrod Brown (D-OH), and Ben Cardin (D-MD).
In the letter, the group says that the decision by Judge Virginia Phillips was a good step, and that they are “confident” that the Senate will pass the defense authorization bill in the lame duck session to bring finality to this issue.
Although we understand that only action by Congress can bring real finality to this issue, we believe an appeal of the recent federal court decision could set back those congressional efforts. Therefore, we request your assistance in ensuring that we can eradicate this discriminatory law permanently and urge the Justice Department to choose not to appeal any court decision that would keep this law in place.
You can certainly see an appeal announcement used by opponents and the Susan Collinses of the world to argue for delay until after the resolution of the court case. After all, they used the Pentagon study in basically the same way.
An appeal is expected, if only because of questions over whether Judge Phillips went outside her jurisdiction in calling for a worldwide ban. Before any gay or lesbian service member can come out, there would have to be some certainty on this issue.
The full letter from the Senate Democrats is on the flip.
Dear Mr. Attorney General,
We are writing to bring to your attention the recently issued decision of Judge Virginia A. Phillips of the United States District Court of the Central District of California in Log Cabin Republicans v. United States, which declared that the “Don’t Ask, Don’t Tell” (DADT) underlying law violates the U.S. Constitution’s guarantees of due process and free speech, thereby rendering DADT unconstitutional. In light of important national security concerns, we respectfully request that you, in your capacity at the Department of Justice, refrain from appealing this decision or the permanent injunction granted against this law.
The following quote from the judge’s decision captures the overwhelming reason why the decision should stand: “Among those discharged were many with critically needed skills ⦠Far from furthering the military’s readiness, the discharge of these service men and women had a direct and deleterious effect on this governmental interest.” As one of many criteria that the Justice Department will examine in deciding whether to appeal the permanent injunction to this policy, we ask that you examine whether or not an appeal furthers a legitimate governmental interest. We would say any appeal does not.
Additionally, DADT harms military readiness, as well as the morale and the cohesiveness of our armed forces, at a time when our military’s resources are strained and unity is critically important. For every person discharged after ten years of service, six new servicemembers would need to be recruited to recover the level of experience lost by that discharge. This not only weakens our military, but neither is it an effective use of our government resources or taxpayer monies.
President Obama, Defense Secretary Robert M. Gates and Admiral Mike Mullen, chairman of the Joint Chiefs, have all publicly advocated for the repeal of this harmful law. There is no legal or military justification and not one shred of credible evidence that supports continuing the discriminatory DADT law, and considering the guidance of the commander-in-chief and the nation’s top two defense officials, we urge you to refrain from seeking an appeal. The federal court decision was a step in the right direction, and we are confident that the Senate will take the ultimate step by voting this fall on the fiscal year 2011 National Defense Authorization Act to permanently lift the ban on gays in the military. Although we understand that only action by Congress can bring real finality to this issue, we believe an appeal of the recent federal court decision could set back those congressional efforts. Therefore, we request your assistance in ensuring that we can eradicate this discriminatory law permanently and urge the Justice Department to choose not to appeal any court decision that would keep this law in place.
Thank you for your attention to this urgent matter. We look forward to hearing from you.




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Now lets see if they can get 41 more to overcome the Homophobes in the Senate!!
Glad to see Boxer on the list..
It’s hard to imagine Obama and his lapdog Holder standing up for civil liberties and their base’s core values. They just don’t roll that way.
Every Democratic Senator should sign this letter. There’s no reason they shouldn’t have to stand and be counted and I hope that all of you will let your Senators know that you want them to sign.
Landrieu! Well, well, well. Dya think they may be catching the drift that kicking their erstwhile supporters may be backfiring?
Palladino was in New Paltz yesterday, but I didn’t find out about it until I saw it on the evening news. Noa (neighbor whose wedding I went to on Sunday) went to picket.
‘Don’t Ask, Don’t Tell’
Should the decision be left up to the courts? It is tempting to let the decision stand. The court is right (although who knows what this Supreme Court would decide) and this bad policy could end now rather than await military action after the useless study is completed. “Study” – Unnecessary since members of the military have served with gays for decades.
But best not to let this supposedly momentous issue be decided by the courts. After all the procrastination by President Obama and military chiefs, this policy should be ended by these men and Congress.
homer http://www.altara.blogspot.com
Jim White has a fresh cross-post available: As Petraeus Perpetuates Afghanistan Training Myth, Kandahar Casualties Double
No surprise that Harry Reid’s name is not on the list.
That farce at the “NetRoots” was kabuki galore.
Anyone who lives in Nevada…it would do a world of good
if this creep’s career in the senate expires in Nov.
Just to reiterate, for any servicemembers reading this news anywhere in the world:
Great story today about Paladino having rented real estate to two Buffalo gay clubs, one of which his son managed.
so…. 21.
19 plus Gillibrand & Udall = 21 Senators, no?
sorry for the nit.
Looking for Sen Herb Kohl (D-WI) and going to ask him why he is not on the list especially having just received a “Best of Congress,” for Working Families Award.
Apparently, action against harassment and for tolerance of LGBT family members is not a requirement for eligibility to be an award recipient, here.
Watching to see if Feingold’s opponent is stupid enough to try to turn this positive endorsement by Feingold into some kind of a negative.
Regarding >>>”But best not to let this supposedly momentous issue be decided by the courts. After all the procrastination by President Obama and military chiefs, this policy should be ended by these men and Congress”<<<
You need to take a high school US Government class. The US has 3 branches of government. The Congress makes laws, the Exec administers those laws, and the Courts say when those laws or the admin of them are UNCONSTITUTIONAL. THEY ARE DOING THEIR JOB.
I know this could have seriously negative results… but too bad all gays don’t just come out in mass next week.
That’s all? Pretty pathetic. No doubt they’ll cave under pressure just like the so-called, laughingly named “Progressive Caucus” caved on HCR.
I have absolutely no faith in these grubby welfare politicians. None. They’re in it for the money. The end.
Yes. Then they can all renege, like they did on their HCR letter!
VOW now.
Here’s an alternative: instead of relying on a shaky district court injunction (which is quite likely to either be unenforceable outside the Central District of California and/or dissolved by the Ninth Circuit at some point), why don’t these Senators actually hold a VOTE on DADT, without attaching it to the Dream Act and with as many amendments as anyone wants to offer? Why don’t they force the Republicans to filibuster a clean bill on DADT?
What are these Senators saying? We don’t want to do our jobs? We’d rather let some random federal judge in Podunk, California set national military policy?
Are there moral and ethical questions in struggling to be part of the US military involved in killing a million plus Iraqi civilians in wars that were justified by endless lies (WMD, supposed connection to 9-11, etc.), torture, gulag prisons, high tech military weapons from drone to depleted uranium attacking a population often living in mud brick homes in medieval conditions, attacks on weddings, funerals, and civilians in the streets? The nation of Iraq has been destroyed and the war in Afghanistan is now ten years long and has cost trillions of dollars, even as our own infrastructure, education system, healthcare delivery decay and decline. What is “liberating” in joining the US empire’s global military machine whose everyday actions makes the US hated by ever more people in the world?