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发帖数: 4174 | 1 Posted on Advocate.com November 12, 2010
Supreme Court Denies Log Cabin Request
By Kerry Eleveld
The U.S. Supreme Court voted on Friday to keep to the "don't ask, don't tell
" policy intact, rejecting a request by the Log Cabin Republicans that the
court reinstate an injunction of the policy pending appeal. The court order
was short and to the point, noting that Justice Anthony Kennedy referred the
appeal to the full Supreme Court and further advising that Justice Elena
Kagan had not taken part in the deliberations.
"The application to vacate the stay entered by the United States Court of
Appeals for the Ninth Circuit on November 1, 2010, presented to Justice
Kennedy and by him referred to the Court is denied.
Justice Kagan took no part in the consideration or decision of this
application," read the order from the Supreme Court.
The request by Log Cabin was always considered a long shot, but the group's
lawyers had hoped to convince the Court to suspend enforcement of the policy
while the appeals process plays out. Government lawyers are presently
appealing a September decision to the Ninth Circuit Court of Appeals that
found the law unconstitutional.
Log Cabin made two entreaties to the Supreme Court – the initial request
last week and another on Friday morning responding to the government’s
request earlier this week that the “don’t ask, don’t tell” policy be
kept in place pending appeal.
“We have sought and received permission from the U.S. Supreme Court to file
this reply because the government’s opposition ignores critical points
presented in our application to vacate the stay of the Ninth Circuit Court
of Appeals,” said a Friday morning statement from Dan Woods, White & Case
partner who is representing Log Cabin Republicans.
Last week, Log Cabin lawyers took the unusual step of appealing to Justice
Kennedy to lift a Ninth Circuit Court ruling that placed a stay on a
worldwide injunction of the policy originally ordered by federal district
court Judge Virginia Phillips in September. Justice Kennedy can either make
an individual ruling on the request or refer it to the entire Supreme Court.
Government lawyers filed their response to that appeal Wednesday, but Woods
has now gone the extra step of countering the filing from the U.S.
Department of Justice.
Woods said he requested the opportunity to reply because he felt the
government’s argument had failed on several key points: it did not address
the fact that legislative repeal of the law is still “speculative,” it
does not properly consider the “hardships to current and prospective
servicemembers” if enforcement of DADT continues, and it “exaggerates”
what the district court’s injunction does and does not require.
In the conclusion of the filing, Log Cabin lawyers wrote: “The district
court’s judgment and permanent injunction followed a full trial on the
merits of the important constitutional issues raised by this case, but the
court of appeals’ order staying the enforcement of that judgment did not
take into account the speculative nature of repeal – the premise of the
government’s entire argument – and did not take into account the harms
that would be suffered by current and prospective members of the armed
forces while a stay is in place. The court of appeals failed to analyze the
stay application in light of the governing law and the record before it in
this case.” | m******8
发帖数: 2153 | 2 【多维新闻】美国联邦最高法院11月12日继续拒绝废除军中同性恋的“不许问，不许说
”政策。最高法院宣布这一结果时，美国一联邦地方上诉法院正在考虑维持军中同性恋
禁令。
综合媒体11月12日报道，美国联邦最高法院12日拒绝应同性恋维权组织“木屋共和党人
”(Log Cabin Republicans)要求，干涉旧金山市一联邦地方法院对“不许问，不许说
”的审查。美国总统奥巴马此前也已敦促最高法院不要干涉此次该审查。
美国加利福尼亚州一位联邦地方法官曾表示，“不许问，不许说”(don't ask，don't
tell)军中同性恋禁令违反美国人权，并发布了命令禁止五角大楼实施该禁令。但是，
位于旧金山的一家上诉法院则表示，保持该军中同性恋禁令。
奥巴马总统正劝说国会参议员在跛脚鸭国会期废除军中同性恋禁令，尽量避免将该禁令
的废除议程拖至2011年新国会期。但是，奥巴马政府律师们有的则在法院为该禁令护航。
最高法院大法官卡根（Elena Kagan）没有参与此次高院决定，而前一天，美国多家同
性恋权利团体举行倡议活动，希望在五角大楼得出同性恋参军对军队没有伤害的研究结
果后，国会能够推动废除该同性恋禁令。 |
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