11/11/2010
Sarnoff + Sarnoff is honored to have filed an amicus brief in the United States Supreme Court on behalf of Servicemembers United, the nation's largest organization of gay and lesbian servicemembers, veterans, and their allies. District Court Judge Virginia A. Phillips ruled last month in Log Cabin Republicans v. United States of America et al. that Don’t Ask Don’t Tell (“DADT”) is unconstitutional and issued an injunction barring DADT’s enforcement by the Pentagon. The Ninth Circuit Court of Appeals issued a stay of the District Court’s injunction pending appeal, meaning that the military may continue to investigate and discharge brave and honorable service men and women solely because of their sexual orientation. The issue before the U.S. Supreme Court is whether to uphold the Ninth Circuit’s stay.
The amicus brief filed by Sarnoff + Sarnoff on Servicemembers United’s behalf sets forth how Servicemembers United, its members, and the American public will suffer substantial and irreparable harm if the U.S. Supreme Court upholds the Ninth Circuit’s stay of DADT’s injunction pending appeal. In particular, the brief explains that if the U.S. Supreme Court upholds the stay, countless gay and lesbian former servicemembers and civilians who want to serve our country will permanently “age-out” of eligibility to enlist, re-enlist, or become commissioned officers.