Judge Orders Nationwide Halt on Enforcement of ‘Don’t Ask, Don‘t Tell’

SAN DIEGO (AP) – A federal judge issued a worldwide injunction Tuesday stopping enforcement of the “don’t ask, don’t tell” policy, ending the U.S. military’s 17-year-old ban on openly gay troops.

U.S. District Court Judge Virginia Phillips’ landmark ruling was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not.

U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say they are under no legal obligation to do so and could let Phillips’ ruling stand.

The federal government is reviewing the ruling and has no immediate comment, said Tracy Schmaler, spokesman for the Department of Justice.

Phillips declared the law unconstitutional after a two-week nonjury trial in federal court in Riverside and said she would issue a nationwide injunction. But she asked first for input from Department of Justice attorneys and the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban’s enforcement.

The Log Cabin Republicans asked her for an immediate injunction so the policy can no longer be used against any U.S. military personnel anywhere in the world.

“The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the miltiary for fighting and dying for our country,” said Dan Woods, an attorney for the Log Cabin group.

Government attorneys objected, saying such an abrupt change might harm military operations in a time of war. They had asked Phillips to limit her ruling to the members of the Log Cabin Republicans, a 19,000-member group that includes current and former military service members.

The Department of Justice attorneys also said Congress should decide the issue — not her court.

Phillips disagreed, saying the law doesn’t help military readiness and instead has a “direct and deleterious effect” on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training.

The Log Cabin Republicans asked her for an immediate injunction so the policy can no longer be used against any U.S. military personnel anywhere in the world.

“The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country,” said Dan Woods, an attorney for the Log Cabin group.

Government attorneys objected, saying such an abrupt change might harm military operations in a time of war. They had asked Phillips to limit her ruling to the members of the Log Cabin Republicans, a 19,000-member group that includes current and former military service members.

The Department of Justice attorneys also said Congress should decide the issue — not her court.

Phillips disagreed, saying the law doesn’t help military readiness and instead has a “direct and deleterious effect” on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training.

Legal experts say the Obama administration could choose to not appeal her ruling to end the ban — but Department of Justice attorneys are not likely to stay mum since Obama has made it clear he wants Congress to repeal the policy.

“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, a think tank at the University of California at Santa Barbara that supports a repeal.

Tracy Schmaler, spokeswoman for the Department of Justice, said the government was reviewing Phillips’ ruling Tuesday and had no immediate comment.

Gay rights advocates say they worry they lost a crucial opportunity to change the law when Senate Republicans opposed the defense bill earlier this month because of a “don’t ask, don’t tell” repeal provision.

If Democrats lose seats in the upcoming elections, repealing the ban could prove even more difficult — if not impossible — next year.

Woods said the administration should be seizing the opportunity to let a judge do what politics has been unable to do.

The “don’t ask, don’t tell” policy prohibits the military from asking about the sexual orientation of service members but bans those who are openly gay. Under the 1993 policy, service men and women who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base, are subject to discharge.

Comments (162)

1 2 3 ... 5
  • cotuit
    Posted on October 12, 2010 at 5:35pm

    The judicial branch of government does not have juristiction in this matter. See Art.1, sec8, clause14.

    ‘ The Congress shall have power to make rules for the Government and Regulation of the land and naval Forces…’

    Seperation of powers and all. Ask anybody that has served, ‘ does the Constitution apply or the UCMJ’ . You will find they co-exist but the UCMJ takes presidance. Look at any case involving a military member who commits a crime; they can and in alot of cases stand in jeopardy twice.

    Please forgive my spelling, I went to public school.

    Report Post »  
    • SsgtRock
      Posted on October 13, 2010 at 7:21am

      You are absolutely correct. We are subject to the UCMJ. Furthermore even if they uphold the ban on gays in military there is still Punitive Articles of the UCMJ
      Article 125 Sodomy still requires “punitive action for the act. See below.

      “(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient
      to complete the offense.

      (b) Any person found guilty of sodomy shall by punished as a court-martial may direct.”

      Report Post »  
    • ChrisBalsz
      Posted on October 13, 2010 at 10:44am

      This decision does not protect “homosexual rights”. This decision destroys our military. It declares the President and Congress have no power to outlaw voluntary associations in our military. Politically, this is about homosexuality. Legally, it opens the door for the Klan, Stormfront and street gangs, Communists, Hells Angels and Mongols. Just because Congress and the President declare those groups “terrorist”, “organized crime” or “security risks” is now meaningless. Such designations are also limited by the First Amendment.

      Report Post »  
  • akamaikamaaina
    Posted on October 12, 2010 at 5:33pm

    they more interested in assertions of their lives than the life of the military itself. i am tired of this microcosm of theys dictating anything. the judge dictates to the military at the military’s peril. the continued accomodation of homosexuality in the military is an impediment. the military is not a democracy. it is intuitive that civilian courts, with the exception of the supreme court, are out of their jurisdiction dictating anything to the military.

    Report Post »  
  • Inuyasha
    Posted on October 12, 2010 at 5:32pm

    We had a guy come out of the closet when I was in the Marines, so he could get out of the military (it worked). Before that, everyone knew he was gay, it was like a secret nobody talked about except to let the new guys know when they arrived. It was very disruptive. It was very uncomfortable when we hit the showers or even doing crunches or just about anything. Even if they do not enforce don‘t ask don’t tell, what are they going to do about UCMJ Article 125? Are they going to strike it from the code?

    I say repeal DADT, then enforce the UCMJ. That way they will come in, be in the open, get their court martial and be right back in the civilian work force. LoL j/k

    But for real, it was very disruptive to the whole unit and made everyone uncomfortable.

    Report Post » Inuyasha  
  • HippoNips
    Posted on October 12, 2010 at 5:32pm

    The gay should deem it wonderful that this ruling has no effect on military policy, just like the Pentagon says. Otherwise the military would be forced to apply the former law equally and ask everyone their sexuality and kick out anyone who isn’t straight.
    In any case, troops do not have Constitutional rights in their position like everyone else does.
    They have to go where they are told, they have to be silent here and have to follow every order that doesn”t conflict with the rules the military sets. even in harsh enviroments and ones that put their lives at risk It’s not like working at the GAP.

    Report Post »  
  • nono524
    Posted on October 12, 2010 at 5:25pm

    She’s from California, what do you expect?

    Report Post » nono524  
  • RehabUncleSam
    Posted on October 12, 2010 at 5:15pm

    This Judge has just weakened our Nation…..PERIOD!

    Report Post » RehabUncleSam  
  • The_Big_Z
    Posted on October 12, 2010 at 5:14pm

    “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,”

    Huh, the President’s position is non-commital, let-somebody-else-decide, voting ‘present’. What a surprise.

    Report Post »  
    • Moonbat
      Posted on October 12, 2010 at 7:04pm

      Hi, Big Z. Wow. Most liberals would agree with you. Harry Truman intergrated the armed services by executive order. Obama should do the same thing.

      Report Post »  
  • Nigel2
    Posted on October 12, 2010 at 5:11pm

    This will add a whole new meaning to “blowing the Bugle”

    Report Post » Nigel2  
  • Wakawl
    Posted on October 12, 2010 at 5:10pm

    Whats the big deal, straight people in the military never talk about being straight? The gays wave their flag of homosexuality in everyone’s faces, flaunting it and thinking themselves superior, and if anyone questions their ignorance, they get accused of being a racist or prejudice.

    Report Post »  
  • MidAmerican
    Posted on October 12, 2010 at 5:02pm

    I am not against gays or any other group of Americans. However, our MILITARY is not a social experience or a club. It exists for the sole purpose of defending us, by KILLING our enemies and BREAKING things. I believe the military is so vital and its mission so important that it should be able to set its own policies about the troops. If top brass wants to stop enforcing the “don’t ask, don’t tell” policy, it should be able to do it, or not do it, without a Federal judge issuing a decree. Since the broad general acceptance of gay choices in America is now here, there is not really an issue with
    service in the military today. The Pentagon is on course to slowly let the policy fade away. I am
    strongly in favor of that being the choice of Admirals and Generals, not Federal judges. What is stop a judge from ruling that drone strikes in Pakistan are illegal? Or that physical and mental tests for enlistment in the Armed Forces are far too restrictive? Or that its illegal to disclipine a deserter?
    Except for what it in the Constitution that restricts and balances it, let the military do its job by its own policies.

    Report Post »  
  • Jim AZ
    Posted on October 12, 2010 at 4:58pm

    I thought OJ’s prosecutors were incompetent. Wouldn‘t the homosexual’s argument require evidence that sexual preference is NOT a matter of choice? What a bunch of louts we are. H ravers: Link your conclusive evidence or save your breath. Nothing else will suffice.

    Report Post »  
    • GnomeChomsky
      Posted on October 12, 2010 at 8:36pm

      Religion is a matter of choice, should you not be able to be openly religious in the military?

      Report Post »  
  • DagneyT
    Posted on October 12, 2010 at 4:54pm

    Oh Dear! This is not good for our military! DOJ will not challenge this, it’ll be one less thing that can be blamed on BO. It will not bring adhesion into our military, guaranteed!

    Report Post » DagneyT  
  • RobertCA
    Posted on October 12, 2010 at 4:53pm

    it has to come from CA always :(

    Robert .

    Report Post » Robert-CA  
  • AngryTexanFromAmarillo
    Posted on October 12, 2010 at 4:50pm

    TREASON

    This word imports a betraying, treachery, or breach of allegiance.

    The Constitution of the United States, Art. III, defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort. This offense is punished with death. By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

    “”””””“MOST IMPORTANT PART””””””””””adhering to their enemies, giving them aid or comfort. This offense is punished with death.””””””””””””””””””””””””

    which is exactly what Obama has done and many many of our congress and senators have done as well.

    It is time that we surround the white house and demand the law be enforced with out prejudice.
    then we move on to congress and senate. demand justice.

    Obama has committed treason on more than one account and should be held accountable by the American people.

    Report Post » AngryTexanFromAmarillo  
    • DagneyT
      Posted on October 12, 2010 at 5:04pm

      That is what November is all about, my friend.

      Report Post » DagneyT  
    • GnomeChomsky
      Posted on October 12, 2010 at 8:33pm

      November is all about executing members of congress and the white house? Becuase that is what angry texan is not just advocating but demanding.

      Report Post »  
    • hemipuma
      Posted on October 12, 2010 at 9:42pm

      Isn’t treason a cause for impeachment?

      Report Post » hemipuma  
  • Deda1
    Posted on October 12, 2010 at 4:49pm

    No matter how anyone feels the judge has no say over the militray, period. The constitution gives abolute control of the military to congress and no one else. It is up to congress to make the rules and or changes.

    Report Post »  
    • DagneyT
      Posted on October 12, 2010 at 5:00pm

      Very good point, but one that will fall on muted ears. By allowing this to stand, potus will not have to make a stand, which is his MO, just look at his past voting record! Never take a stand has been his motto since he’s been in ANY office!

      Report Post » DagneyT  
    • M31Sailor
      Posted on October 12, 2010 at 7:52pm

      Present

      Report Post » M31Sailor  
  • vennoye
    Posted on October 12, 2010 at 4:48pm

    Non military judges should not force anything on our military enlisted personnel!!! We have a voluntary enlistment process–if our military does not want this, they can just not enlist–or just get out when their current enlistment is over!! Oh wait!!! This is a liberal judge–that is probably just what she wants–you can’t have a war if you do not have anyone in the military!!! Sure is a —– tho, if you need someone to defend you!!

    Report Post » vennoye  
  • Marky_D_Sahdd
    Posted on October 12, 2010 at 4:47pm

    This would have the opposite effect to what the judge planned. “DA,DT” was passed to allow gays to serve in the military. Before it’s passage, being gay meant being dishonorably discharged. Repealing this law does NOT allow gays to swerve openly, it forces the military to evict gay soldiers. Allowing openly gay soldiers to serve would require an act of Congress.

    Report Post »  
    • StonyBurk
      Posted on October 13, 2010 at 10:49am

      I hear that DADT Never changed the law passed by Congress.which is why homosexuals are still allowed to be discharged for their behavior.(see Center For Military Readiness) I do know the MCM still provides
      for discharge if found guilty of attempted sodomy and perjury as Lieutt.Enslin was so found in 1778

      Report Post »  
  • justsayin
    Posted on October 12, 2010 at 4:47pm

    So our armed forces are going to turn into a club of three dollar bills only, ’cause trust me, real men do not want to be in close quarters with guys who just want to drive the wrong way down a one way street.

    Report Post » justsayin  
  • wleeblake
    Posted on October 12, 2010 at 4:46pm

    I thought they were doing a report due back in December to see how this would affect the military,looks like they could wait a couple more months, unless they suspect the findings will not be in favor of removing dadt then it would make since to try to get rid of it now.

    Report Post »  
    • loumic4
      Posted on October 12, 2010 at 6:41pm

      The “Active Duty” service members are all rejecting the repeal of DADT. They know that there are gays serving but they don‘t want them ’exposing’ themselves. The administration is MAD because they wanted the gays to be embraced so now they are sending surveys to the family members for their input!!! That is garbage—gays SERVING has no impact on a family member!

      Report Post » loumic4  
  • DMD
    Posted on October 12, 2010 at 4:46pm

    What next? New MOS’s added to tour Marine Corps???
    0395 – Drag Queen
    0396 – Top
    0397 – Bottem

    Report Post »  
    • SnapTie
      Posted on October 12, 2010 at 7:07pm

      I’M Gay,I’M Gay This is not going to end well for some. What’s next will they be holding a bump and grind gay marching band. This should have been left up to the service personal. I was in the Air Force and it’s not a fantasy land.I hate to say this but I’ll bet somebody will get hurt.

      Report Post » SnapTie  
    • WISEPENNY
      Posted on October 12, 2010 at 7:41pm

      More incidents of “friendly fire” perhaps?

      Report Post »  
  • HippoNips
    Posted on October 12, 2010 at 4:46pm

    Yes that’s right. DADT prevented the military from asking if you are gay.
    Now they can.
    Gays have been tricked into believing DADT stopped them from beingin the military instead it was the only thing that allowed them in.

    Report Post »  
    • Ellie
      Posted on October 12, 2010 at 4:58pm

      Oh how ironic!

      Now they are back to the old policy of (WAMT) Will Ask, Must Tell.

      Neither policy addressed the issue of Known Gay = Thrown Out which is what the LBGT community was really trying to change.

      Report Post » Ellie  
    • solaveritas
      Posted on October 12, 2010 at 5:41pm

      Oh great! And with Obama’s incompetence the new policy will be FART (Few Ask Rudely Told), and all this “social engineering” will stink up the place!

      Report Post » solaveritas  
    • ronniemuck
      Posted on October 12, 2010 at 11:49pm

      Yep, by trying to enforce the liberal agenda they have ended up “shooting themselves in the foot”…. or in the crotch… UCMJ Rules!!!

      Report Post »  
  • HippoNips
    Posted on October 12, 2010 at 4:44pm

    This ruling stikes the DADT , this means it resorts to the former policy and law.
    Now the military must ask everyone if they are gay and remove all that say they are.

    Report Post »  
    • StonyBurk
      Posted on October 13, 2010 at 10:43am

      I hope you are right. What I fear is a California Judge deciding the military needs to allow open homosexuals serve without any dis. And if Gays are allowed serve then there is no moral ground to punish what they identify as doing to others.

      Report Post »  
  • angrymob
    Posted on October 12, 2010 at 4:42pm

    I don’t even see why this is necessary…keep your private lives private and don’t punish people for their…shall we say indescressions.

    Report Post » angrymob  
    • BurntHills
      Posted on October 12, 2010 at 6:12pm

      it all comes down to the same exact thing the rest of us straight AMERICANS have to deal with everyday .. the gays have that whole LOOK AT ME! attitude, a deviant way of thinking that they MUST publicize their every sex act with the same sex. it’s all about them getting SPECIAL attention. they have such a deviant need for any kind of SPECIAL ATTENTION, ” LOOK AT THEM!” parading down the street wearing moron sexual costumes and performing all the deviate sexual moves etc and they WANT the CHILDREN to see it and accept their agenda.

      and before anyone starts shouting, we were open-minded and went to a gay pride parade (hey who doesn’t love a parade) to see a cousin, to show our “support” of this unfortunate ”CHOSE-TO-BE-Gay for the added ATTENTION we gave him”, and we left it TOTALLY disgusted at what we witnessed.

      BIG FAMILY DISCUSSION ensued: they need that ”special attention” from us but they also want to SHOCK and CONTROL us, and they want us to know every single thing they need to do to each other and they have that deviate need to publicize it. SICK SICK SICK.

      now it is in our military OUTRIGHT?! due to some pro-lesbian judge” in CA. sick sick sick.

      BurntHills  
    • Joseph_Plumb_Martin
      Posted on October 12, 2010 at 7:44pm

      As a vet I don’t see what the big deal is.Let service,who knows maybe the quality of people we r recruiting will improve.

      Report Post » Joseph_Plumb_Martin  
    • downbad
      Posted on October 12, 2010 at 8:09pm

      Are we going to have to start segregating the military? I’m pretty sure the men and women in the military have some sort of segregation going on based on human nature to procreate. What will this new judgement spawn?

      Report Post »  
    • Chet Hempstead
      Posted on October 13, 2010 at 4:44am

      People in the army don’t have private lives. Don‘t ask don’t tell never worked, because the straight guys tell everybody about who they’re sleeping with. It doesn‘t take a Sherlock Holmes to figure out that the few guys who don’t incessantly gas about their sex lives are gay. Most of their fellow soldiers rspect their difficult position and desire to serve and leave them alone, but they are always vulnerable to anyone who gets POed at them. Don‘t ask don’t tell, really amounts to don‘t ask don’t get told on.

      Report Post »  
    • StonyBurk
      Posted on October 13, 2010 at 10:37am

      attempted sodomy is,ought be worthy of death certainly held as more serious than mere indiscretions–
      and attempted sodomy is never a private affair–off duty maybe–but not private.

      Report Post »  
  • SND97
    Posted on October 12, 2010 at 4:40pm

    Hmmm I thought a Judge wasn’t supposed to MAKE Law Just enforce it? I thought the voice of the people you know Congress was suppose to VOTE on these issues, If the law is wrong then let the Congress say so, that’s why we vote, right? The law may be stupid but these liberal activist Judges are runing our system

    Report Post »  
    • El Paco
      Posted on October 12, 2010 at 6:28pm

      Woot for loopholes. Can’t pass a law?? Just pay off a liberal judge to make it happen.

      Report Post » El Paco  
    • untameable-kate
      Posted on October 12, 2010 at 9:04pm

      Why the hell does it matter if military people are gay or not? right or wrong who cares? why do the gays have to make sure everybody knows they’re gay. Jeez just shut up about it and you won’t have anything to worry about. I don‘t care if you’re gay, don’t tell me.

      Report Post » Untameable-kate  
    • StonyBurk
      Posted on October 13, 2010 at 10:35am

      Right on Right On right On Since 1775 Congress has had power to control the military .Congress appropriated funds, Congress set the number of troops. Congress Commissioned Officers-and if
      Court Martial proceedings determined removed that commission. (see Court Martial of Lieutt.Enslin
      of Colo Malcoms Regiment March 1778 drummed form the service Never to return for attempted
      sodomy and for perjury charges that are still included in MCM

      Report Post »  
  • LONGLEGGEDMACKDADDY
    Posted on October 12, 2010 at 4:39pm

    Gay is wrong. Period.

    Report Post »  
    • RobertCA
      Posted on October 12, 2010 at 4:57pm

      Jerry Seinfeld The Outing Season 4 Episode 17 ” Not that there’s anything wrong with that “

      Report Post » Robert-CA  
    • M31Sailor
      Posted on October 12, 2010 at 5:14pm

      Now that the policy is Ask and Tell our troops are going to feel much better

      Sailor

      Report Post » M31Sailor  
    • snowleopard3200
      Posted on October 12, 2010 at 5:23pm

      Once again we have another out of control activist judge who decided what the law is suppose to be instead of simply determining its constitutionality.

      They love to MAKE LAWS not just rule upon them.

      http://www.artinphoenix.com/gallery/grimm (mixed art)

      Report Post » Snowleopard {gallery of cat folks}  
    • Robert W
      Posted on October 12, 2010 at 5:39pm

      Just another attack on the military. My grandfather was in the Navy during world war two, I can imagine what he would say about it if he were alive! Homosexuality is a disorder. Did you know the highest percentage of domestic abuse and murders is between lesbian couples? The right to marry will not remove the disorder. They need healing.

      Report Post »  
    • Chicago Ray
      Posted on October 12, 2010 at 5:46pm

      What a proud moment in American history as the US military now welcomes the Rear advancing 169th Butthugger’s BUTTallion led by Sargent Brokeback Barney.

      Report Post » One Man Progressive Wrecking Crew  
    • solaveritas
      Posted on October 12, 2010 at 5:46pm

      Once again, another decision or law is made WITHOUT IT EVER HAVING BEEN PROVEN that homosexuality is an IMMUTABLE CHARACTERISTIC. There is less science supporting homosexuality as an immutable characteristic than there is in support of global warming!!!

      We have allowed a “choice/disability” to be elevated to the status of race, or gender.

      Until we go back to the common sense beginning that “tab A fits into slot B” (that is, tab A does not connect with tab A, etc.) because THAT IS THE WAY IT WAS DESIGNED, then we are just flailing around in the dark.

      Report Post » solaveritas  
    • LONGLEGGEDMACKDADDY
      Posted on October 12, 2010 at 5:54pm

      Yo snow lepard, did yo cat drawings ask and tell? Those mofes be gay for sure.

      Report Post »  
    • RONALDREAGAN1980
      Posted on October 12, 2010 at 8:21pm

      The reason congress hasn’t decided this issue is because the Republicans blocked it coming up to a vote. Why? Most of them probably don’t really care if there are gays in the military, but if they say that and vote that way, they are going to lose a lot of support from their conservative base. So it is much safer for them not to take a stand. There are probably a lot of Republican senators right now silently thanking this judge for her ruling. And if anyone wants to bring up judicial activism, just look at how the roberts court threw out 100 years of precedence in the Citizens United case. Let’s be honest. None of us likes judicial activism when it goes against what we believe, but when in matches our beliefs, we don’t hesitate to turn a blind eye.

      Report Post » RONALDREAGAN1980  
    • uhadenoughyet.com
      Posted on October 12, 2010 at 11:15pm

      You Sir, are no Ronald Reagan!!!!

      Report Post » uhadenoughyet.com  
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