Friday, October 07, 2011
Ninth Circuit vacates Log Cabin victory in court over DADT, saying repeal makes case moot; LCR claims gays will vote GOP
The Ninth Circuit has vacated the earlier decision striking down “don’t ask don’t tell” (in the suit filed by Log Cabin Republicans) because the repeal of USC 654, taking effect Sept. 20, makes the case moot and achieves through the political process what had been sought through the courts. The Circuit says that the district court ruling cannot have any precedential effect now. The Metro Weekly story is here.
Metro Weekly provided a link to its own copy of the opinion.
The practical concern would be the possibility that a future president could unilaterally restore the ban, as Aubrey Sarvis has suggested.
Log Cabin says that over 30% of gay voters are voting Republican, and offers this piece.