Lawyers seek injunction to halt gay ban - Army News | News from Afghanistan & Iraq - Army Times

Lawyers seek injunction to halt gay ban

RIVERSIDE, Calif. — Lawyers for a gay rights group asked a federal judge Friday to impose an injunction halting what they called the military’s unconstitutional “don’t ask, don’t tell” policy.

Log Cabin Republicans lawyer Dan Woods made the request during closing arguments in the trial of a lawsuit in Riverside.

The arguments in the two-week trial were expected to conclude Friday, with U.S. District Judge Virginia A. Phillips making a ruling at an unspecified time. Legal experts say she may hold off to see if Congress is going to repeal the policy.

The 19,000-member group, which includes former and current members of the military, is challenging the constitutionality of the military policy against openly gay service personnel.

Woods argued the policy violates the rights of gay military members to free speech, due process and open association.

“Log Cabin Republicans have brought this case to trial to call out the government on the wrong it’s doing on current and future homosexuals who wish to serve their country. We ask you to do them right,” Woods told Phillips.

The case is unique in that it is not based on an individual’s complaint but rather is a sweeping attack on the policy. It is the biggest legal test of the law in recent years.

Plaintiffs presented seven expert witnesses and six military officers who have been discharged under the policy. Lawyers also submitted remarks by President Barack Obama stating “don’t ask, don’t tell” weakens national security.

“Even if ‘don’t ask, don’t tell’ once did further an important government interest, it no longer does so,” Woods told the judge.

The case has put the Obama administration in the awkward position of defending a policy the president wants repealed.

Government attorneys have argued during trial that Congress should decide on the policy — not a federal judge. They presented only the policy’s legislative history in their defense.

The U.S. House voted May 27 to repeal the policy, and the Senate is expected to take up the issue this summer.

In deciding to hear the challenge, Phillips said the “possibility that action by the legislative and executive branches will moot this case is sufficiently remote.”

“Don’t ask, don’t tell” prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered to be engaging in homosexual activity, even in the privacy of their own homes off base.

Log Cabin Republicans said more than 13,500 service members have been fired under the law since 1994.