social sciences
special features
about glbtq

Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
Popular Topics in The Arts
Drag Shows: Drag Queens and Female Impersonators Drag Shows: Drag Queens and Female Impersonators
Female impersonation need say nothing about sexual identity, but it has for a long time been almost an institutionalized aspect of gay male culture.
Photography: Gay Male, Pre-Stonewall Photography: Gay Male, Pre-Stonewall
Although sparse in images documenting the gay community, pre-Stonewall gay male photography blurs the boundaries between art, erotica, and social history.
Erotic and Pornographic Art: Gay Male Erotic and Pornographic Art: Gay Male
Given the historic stigma around making, circulating, and possessing overtly homoerotic images, the visual arts have been especially important for providing a socially sanctioned arena for depicting the naked male body and suggesting homoerotic desire.
New Queer Cinema
Independent films that aggressively assert homosexual identity and queer culture, the New Queer Cinema can be seen as the culmination of several developments in American cinema.
White, Minor
Renowned photographer, teacher, critic, editor, and curator, Minor White created some of the most interesting photographs of male nudes of the second half of the twentieth century, but did not exhibit them for fear of scandal.
Halston (Roy Halston Frowick)
The first international fashion superstar, Halston dressed and befriended some of America's most glamorous women.
Surrealism Surrealism
An artistic movement that grew out of Dadaism and flourished in Europe shortly after World War I, Surrealism embraced the idea that art was an expression of the subconscious.
Winfield, Paul
Film, stage, and television actor Paul Winfield was openly gay in his private life, but maintained public silence about his homosexuality.
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 © 2002-2015, glbtq, Inc.

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