Judge Orders DADT Injunction
Ed O'Keefe reports:
Updated 5:36 p.m. ET
A California federal judge has issued an injunction stopping the military from enforcing its "don't ask, don't tell" policy, which bans gays and lesbians from serving openly in uniform.U.S. District Judge Virginia A. Phillips ruled Tuesday that the policy "infringes the fundamental rights" of military service members and prospective service members and violates their rights to due process and freedom of speech.
Her ruling bars the Pentagon from enforcing or applying the policy and orders the military to immediately suspend and discontinue any investigations, discharges or other proceedings related to potential violations of the law.
To overturn the injunction, government lawyers would have to appeal to the 9th Circuit Court of Appeals and ask that the current policy be allowed to continue while the appellate judges consider the case.
The Pentagon plans to review the case and consult with the Justice Department, according to senior military officials. The Justice Department had no immediate comment, but the Obama administration is expected to appeal the decision.
The case was brought by the Log Cabin Republicans, a pro-gay rights group that includes current and former military members. The group argued during a two-week trial in July that the policy was unconstitutional and should be struck down.
Phillips agreed and last month granted a request for an injunction to stop the military from discharging gay service members while also allowing the government time to appeal the ruling.
The Justice Department argued the injunction should apply only to Log Cabin members, but Phillips ruled otherwise Tuesday.
The injunction "was the only reasonable solution," said Christian Berle, acting Executive director of Log Cabin Republicans. "These soldiers, sailors, airmen and marines sacrifice so much in defense of our nation and our Constitution."
"This decision is also a victory for all who support a strong national defense," Berle said. "No longer will our military be compelled to discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination."
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