The Log Cabin Republicans have filed court papers with the U.S. Supreme Court to once again block enforcement of Don’t Ask, Don’t Tell.
The Republican gay rights group filed an appeal with the high court on Friday accusing the U.S. Court of Appeals for the 9th Circuit of “an abuse of discretion” in blocking a lower court’s injunction against enforcing the policy, which prevents gays from serving openly in the military.
The 9th Circuit, the group said, ignored precedents including the Supreme Court’s own decision in Lawrence v. Texas in 2003, when the justices found that a state law criminalizing sodomy violated the constitutional rights of gays and lesbians.
“Unless the court of appeals’ stay is vacated, the respondents will be free to continue to investigate and discharge American service members for no reason other than their homosexuality, in violation of their due process and First Amendment rights,” the organization wrote.
The application was addressed to Justice Anthony Kennedy, who has jurisdiction over the 9th Circuit. He could rule on the application himself or refer the matter to the full court.
On Monday, the 9th Circuit stayed an injunction issued on Sept. 9 by U.S. District Judge Virginia Phillips in Riverside, Calif., that halted enforcement of the policy. The stay remains in effect as the Justice Department argues on appeal that Phillips’ ruling should be overturned.
In a prepared statement on Friday, Clarke Cooper, executive director of Log Cabin Republicans, said: “It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court.”
Amanda Bronstad can be conacted at firstname.lastname@example.org.