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Judge Orders Military To Halt “Don’t Ask, Don’t Tell”

Marlise Knechtle |
October 12, 2010 | 2:45 p.m. PDT

Staff Reporter

Soldiers (Creative Commons)
Soldiers (Creative Commons)
A federal judge in Riverside, Calif. ordered the military on Tuesday to halt the enforcement of “Don’t ask, don’t tell,” a policy that bans people that are openly gay or lesbian from serving in the military.

District Court Judge Virginia Phillips issued a statement saying the U.S. Department of Defense must “suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced.”

The judge ruled that the policy “irreparably injures service members by infringing their fundamental rights.”

The original suit was brought on in October 2004 by plaintiff Alexander Nicholson, executive director of Servicemembers United, and the Log Cabin Republicans, a non-profit gay rights group.

“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,” Nicholson said.

In September, Phillips said that the policy violated the Fifth and First Amendments but did not issue the permanent injunction until Tuesday.

Attorneys for the Department of Justice said the timing of this ruling might have a negative effect on military operations and said Congress should decide the issue, not the court.

Judge Phillips disagreed saying that the policy has a “direct and deleterious effect,” especially during wartime when military recruitment is a priority.

Government attorneys have 60 days to appeal but legal experts say that the Obama administration has no legal obligation to do so.

“The president has taken a very consistent position here, and that is: 'Look, I will not use my discretion in any way that will step on Congress' ability to be the sole decider about this policy here," said Diane H. Mazur, legal co-director of the Palm Center at UCSB.

A spokesperson for the Department of Justice said they were reviewing the judge’s ruling but had no comment yet.

Said Log Cabin Republicans Executive Director R. Clarke Cooper, “The ruling is not just a win for Log Cabin Republican servicemembers, but all American servicemembers.”

To reach reporter Marlise Knechtle, click here.
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