The Department of Justice issued a request Thursday to a U.S. district court judge asking to keep enforcing the military's ban on gay and lesbian service members, challenging a request to stop its enforcement.
In a 14-page brief, Justice Department attorneys argued a permanent injunction against enforcing the 17-year-old law —one supported by Log Cabin Republicans, which challenged DADT in federal court —would be "untenable."
"[A]ny injunction in this case must be limited to plaintiff LCR and the claims it asserts on behalf of its members – and cannot extend to non-parties – plaintiff’s requested world-wide injunction of the statute fails as a threshold matter," assistant U.S. attorney Paul Freeborne wrote.
Freeborne also argued that an injunction would preclude the government both from litigating other legal challenges to DADT or considering the terms of a stay barring discharges of gay and lesbian servicemembers.
Here's the brief
DOJ's Response to LCR's DADT Injunction More to come
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