The Department of Justice most likely
will appeal a
federal judge's ruling overturning the military's gay ban, says
SLDN's Aubrey Sarvis.
Sarvis, the executive director of the
Servicemembers Legal Defense Network (SLDN), the nation's largest
group lobbying for repeal of “Don't Ask, Don't Tell,” appeared
Friday on MSNBC's Hardball.
In the segment, titled Ending 'Don't
Ask, Don't Tell,' Sarvis was joined by R. Clarke Cooper, the
executive director of the gay GOP group Log Cabin Republicans, which
challenged the Clinton-era law that prescribes discharge for gay and
lesbian service members who do not remain closeted or celibate.
On Thursday, U.S. District Judge
Virginia A. Phillips ruled that the Pentagon policy violates the U.S.
Constitution. The policy has a “direct and deleterious effect”
on the armed services, she ruled.
Phillips said she will grant plaintiffs
the injunction they seek and block the U.S. government from enforcing
the law, but gave the administration one week to appeal the ruling.
DOJ lawyers have only said they are reviewing the case.
But Sarvis believes the government will
move against the ruling.
“I'm not going to second guess what
the Justice Department is going to do, Chris, however, I think in all
likelihood they probably will appeal,” Sarvis answered host Christ
Matthews' question on whether the government would fight the court
Cooper agreed, saying: “I would
gander that they are probably going to try to appeal it, hopefully
Sarvis once again urged the Senate to
join the House in repealing the policy when Congress returns to
work next week.