A federal judge in California has issued an injunction halting enforcement of “don’t ask don’t tell.”
Judge Virginia Phillips on Tuesday ordered the U.S. military “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced” under DADT.
Phillips previously ruled that DADT violates servicemembers’ rights to due process and free speech. However, she delayed issuing an injunction in the lawsuit brought by the Log Cabin Republicans.
The Department of Justice now has 60 days to appeal the decision but has not said whether it will do so. In the meantime, the DOJ could also seek a stay of the decision from the U.S. Circuit Court of Appeals for the Ninth Circuit. DOJ has no obligation to appeal the ruling and could simply allow it to stand.
“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, executive director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”
Christian Berle, acting executive director of Log Cabin Republicans, said in the wake of Phillips’ initial ruling, the injunction was the “only reasonable solution.”
“These soldiers, sailors, airmen and marines sacrifice so much in defense of our nation and our Constitution,” Berle said. “It is imperative that their constitutional freedoms be protected as well. This decision is also a victory for all who support a strong national defense. No longer will our military be compelled to discharge servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination. The United States is stronger because of this injunction, and Log Cabin Republicans is proud to have brought the case that made it possible.”
Dan Woods, one of the attorneys representing Log Cabin, said he was “extremely pleased” with the injunction.
“The order represents a complete and total victory for Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country,” Woods said.
Other statements on Tuesday’s order:
Aaron Tax, legal director, Servicemembers Legal Defense Network:
“We applaud Judge Phillips for putting an immediate stop to all investigations and discharges under this unconstitutional law. As explained by the judge, this order applies across the military. This order bars the Department of Defense from enforcing or applying the ‘Don’t Ask, Don’t Tell’ law against any person under its command. We have clients under investigation and facing discharge right now. We’ll be monitoring each case over the coming days. This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the 9th Circuit where her decision may well be reversed. The law still has a chance of being repealed in the lame duck session of Congress. Service members must proceed safely and should not come out at this time. Anyone in the armed forces with questions or concerns should call our hotline.”
I am pleased to see this ruling. I sincerely hope that it has an effect on the DADT policy. I would hate to see this reversed but strongly doubt that it will actually have any effect. I would look to Congress for a full repeal of DADT after the mid-term elections. Glad to see the LCR taking action on behalf of the LGBT community.
This will be an exceptional test for the Obama administration. Make no mistake at all – the executive branch has absolutely no obligation to appeal Judge Phillips’ ruling. In fact, the Democratic candidate for Texas attorney genera, Barbara Ann Ranofsky, discusses instances when the president instructs the solicitor general to “confess an error on federal statute.” https://www.barbaraann2010.com/winning/whyag
This is the perfect opportunity for the Obama Administration to accomplish repeal of DADT without the need to make endless political concessions and permit unnecessary delays.
Obama has been criticized time, time, and time again for failing to timely deliver on campaign promises to the LGBT community. Admittedly, I have written to this publication about my disdain for Obama’s decision to pursue appeals defending anti-gay laws. But, now is the time to prove me wrong!
If Obama directs the Justice Department to appeal Judge Phillips’ ruling and fight for DADT’s reinstatement, there will be no doubt in my mind, and there shouldn’t be in yours, that Obama isn’t serious about pursuing equality for gays and lesbians in America.
Mr. President, all eyes are on you.