home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Literature
García Lorca, Federico García Lorca, Federico
The works of García Lorca, internationally recognized as Spain's most prominent lyric poet and dramatist of the twentieth century, are filled with thinly veiled homosexual motifs and themes.
 
Musical Theater
There has always been homosexual involvement in American musical theatre and a homosexual sensibility even in straight musicals, and recently the Broadway musical has welcomed openly homosexual themes and situations.
 
Michelangelo Buonarroti Michelangelo Buonarroti
Best known for his genius in art and architecture, Michelangelo was also an accomplished author of homoerotic poetry.
 
African-American Literature: Gay Male African-American Literature: Gay Male
The African-American gay male literary tradition consists of a substantial body of texts and includes some of the most gifted writers of the twentieth century.
 
Camp Camp
Combining elements of incongruity, theatricality, and exaggeration, camp is a form of humor that helps homosexuals cope with a hostile environment.
 
Hughes, Langston Hughes, Langston
Langston Hughes, whose literary legacy is enormous and varied, was closeted, but homosexuality was an important influence on his literary imagination, and many of his poems may be read as gay texts.
 
Baldwin, James Arthur Baldwin, James Arthur
James Baldwin, a pioneering figure in twentieth-century literature, wrote sustained and articulate challenges to American racism and mandatory heterosexuality.
 
Wilde, Oscar Wilde, Oscar
Oscar Wilde is important both as an accomplished writer and as a symbolic figure who exemplified a way of being homosexual at a pivotal moment in the emergence of gay consciousness.
 
Topics In the News
 
Don't Ask, Don't Tell Lawsuit Dismissed
Posted by: Claude J. Summers on 09/29/11
Last updated on: 09/30/11
 
Bookmark and Share

On September 29, 2011, a three-judge panel of the Ninth Circuit Court of Appeals dismissed Log Cabin Republicans v. U.S.A., the lawsuit that challenged the constitutionality of Don't Ask, Don't Tell.

The panel ruled that the repeal of DADT rendered the lawsuit moot. "This suit became moot when the repeal of section 654 took effect on September 20. If Log Cabin filed suit today seeking a declaration that section 654 is unconstitutional or an injunction against its application (or both), there would be no Article III controversy because there is no section 654. The repeal, in short, gave Log Cabin 'everything' its complaint 'hoped to achieve' . . . . There is no longer 'a present, live controversy of the kind that must exist' for us to reach the merits."

The Court in a strongly worded conclusion also deemed the October 2010 opinion by District Judge Virginia Phillips declaring DADT unconstitutional without precedential value: "Because Log Cabin has stated its intention to use the district court's judgment collaterally, we will be clear: It may not. Nor may its members or anyone else. We vacate the district court's judgment, injunction, opinions, orders, and factual findings--indeed, all of its past rulings--to clear the path completely for any future litigation. Those now-void legal rulings and factual findings have no precedential, preclusive, or binding effect. The repeal of Don't Ask, Don't Tell provides Log Cabin with all it sought and may have had standing to obtain."

In a concurrence one member of the panel, Judge Diarmuid O'Scannlain, declared that he would have upheld Don't Ask, Don't Tell had the panel ruled on the merits of the case. He argues that the 2003 case Lawrence v. Texas should not have been read to require heightened scrutiny in considering Don't Ask, Don't Tell.

In response to the Court's decision, Dan Wood, lead attorney for Log Cabin Republicans in the case, issued the following statement: "We are, of course, disappointed by today's ruling but we will continue to fight on for the constitutional rights of all people impacted by Don't Ask, Don't Tell. This is an important issue for all Americans and we anticipate seeking re-hearing before the full Ninth Circuit."

R. Clarke Cooper, executive director of the Log Cabin Republicans, blamed the Obama administration for not letting the precedent set by Judge Phillips stand.

"The ruling in Log Cabin Republicans v. United States is the reason why Congress finally acted to end this failed and unconstitutional policy," Cooper said. "This decision by the Ninth Circuit denies more than 14,000 discharged gay and lesbian servicemembers an important means of obtaining justice for the wrong perpetuated against them under the ban, and leaves open the possibility of future violations of servicemembers' rights."

Jon Davidson, Legal Director at Lambda Legal, issued the following statement in reaction to the decision: "We are deeply disappointed that the Ninth Circuit chose to erase the factual findings and legal conclusions reached after years of litigation and a lengthy trial that thousands upon thousands of lesbian, gay, and bisexual service members' constitutional rights were violated for 18 years by Don't Ask, Don't Tell. The end of anti-gay discrimination by the military was required by the Constitution, not just by political considerations."

"It is wrong to require the more than 14,000 service members who were unconstitutionally discharged to start from square one in obtaining the military benefits they lost, getting their military records corrected, and fighting government efforts to collect educational loans they were prevented from working off, among other harms," he added. "The work to end the damage done by Don't Ask, Don't Tell is far from done and we call on the administration to provide justice to those our country has wronged."

 
Related Encyclopedia Entries
 
Related Special Features
 
browse:   arts   literature   social-sciences   discussion boards
 
learn more about glbtq       contact us       advertise on glbtq.com
 
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2014, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.