Log Cabin Republicans press on with DADT suit - Army News | News from Afghanistan & Iraq - Army Times

Log Cabin Republicans press on with DADT suit

SAN FRANCISCO — A gay rights group is asking a federal appeals court in California to keep considering if a trial judge properly struck down the U.S. military’s ban on gays serving openly in the military, even though Congress has agreed to repeal “don’t ask, don’t tell.”

Lawyers for Log Cabin Republicans filed legal papers on Monday arguing that because the ban has not yet been lifted and may not be for some time, the 9th U.S. Circuit Court of Appeals needs to maintain the schedule it set in the government’s challenge to the lower court’s ruling.

The brief came in response to a Dec. 29 Justice Department motion seeking to suspend the case for at least three months. The department currently faces a Jan. 24 deadline for submitting its opening arguments.

Government lawyers say putting the appeal on hold would allow the Pentagon to focus on training troops and other tasks necessary for completing the repeal of “don’t ask, don’t tell.”