Federal Judge Orders Immediate Suspension of Dont Ask, Don’t Tell
October 12, 2010
(ChattahBox US News)—- The odious and discriminatory policy of “Don’t ask, don’t tell” is now subject to a federal court injunction ordering the U.S. and the Department of Defense to immediately stop enforcement of the military policy. U.S. District Court Judge Virginia A. Phillips, ruled last month that the DADT policy was not only unconstitutional, but it had a “direct and deleterious effect’’ on the military.
As ChattahBox previously reported, the Justice Department appealed Judge Phillips’ ruling, arguing that an injunction would disrupt the nation’s armed forces during a time of two wars. The federal government further argued that the Pentagon, the White House and Congress “are actively examining” the DADT issue, for an eventual repeal.
But Phillips was not persuaded by the government’s arguments, ordering an immediate ban on the policy that has resulted in thousands of qualified men and women being booted from the service, because of their sexual orientation.
“Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment,” wrote Judge Phillips.
The Justice Department has 60 days to appeal the ruling, but has not yet decided if it would do so. Justice Department spokesperson Tracy Shmaler, said the department is “reviewing the ruling.”
It’s unlikely the obstructionist Republicans would allow a vote in the senate to repeal DADT. Last month, the entire Republican caucus filibustered a defense appropriations bill that included a measure to repeal “Don’t ask, don’t tell.”
Not appealing Judge Phillip’s injunction would certainly be the path of least resistance in doing away with DADT, finally.