U.S. District Court Judge Virginia A. Phillips, in a case brought forth by the Log Cabin Republicans has issued a ruling on Don’t Ask, Don’t Tell and has found it to be UNCONSTITUTIONAL saying that the “Don’t ask, Don’t tell” policy violates the 1st Amendment rights of lesbians and gay men. Phillips also added that the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.
Closing arguments were held in the case on July 23, at which time the plaintiffs asked the court to declare the policy unconstitutional and issue an injunction, which Phillips did today.
The AP adds: “Government lawyers argued Phillips lacked the authority to issue a nationwide injunction and the issue should be decided by Congress…Six military officers who were discharged under the policy testified during the trial. A decorated Air Force officer testified that he was let go after his peers snooped through his personal e-mail in Iraq…Lawyers also submitted remarks by Obama stating ‘don’t ask, don’t tell’ weakens national security.”
Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.
The Judge ruled that DADT violates the First and Fifth amendments and the plaintiffs are entitled to a permanent injunction “barring its enforcement.” LCR has seven days to submit a “Proposed Judgment.” The DOJ will have seven days to submit its objections to that.
Once again we are beholden to the Federal Courts for doing what our elected officials who tell us lies and take our donations are too afraid to do. It seems our new path is clear. The Courts are the way to go.
I never thought I’d say this this but way to go Log Cabin Republicans. I wonder why our “Gay Inc” never thought of this. Oh yes, they were too busy kissing Democrats asses and going to cocktail party’s and happily content believing the lies they were fed while schmoozing with the President. Here’s an idea for Obama’s Department Of Justice ( Don’t object to the proposed judgment. Don’t ask for a stay of the judgment or the injunction. And don’t appeal this decision. Let DADT die and maybe, just maybe you can save a little face in the gay community.
*Statement from Servicemembers United’s Executive Director Alex Nicholson, one of the parties in the case:
“This is an historic moment and an historic ruling for the gay military community,” said Alexander Nicholson, Executive Director of Servicemembers United and a multi-lingual U.S. Army interrogator who was discharged under ‘Don’t Ask, Don’t Tell.’ “As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication.”
*Statements from The Log Cabin Republicans and its lawyer:
R. Clarke Cooper, Executive Director, Log Cabin Republicans & Liberty Education Forum:
“As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane Don’t Ask Don’t Tell statute violates the Constitution. Today, the ruling is not just a win for Log Cabin Republican servicemembers, but all American servicemembers.”
Dan Woods, White & Case partner who led the matter for Log Cabin Republicans:
“We are delighted with the court’s ruling in favor of Log Cabin Republicans in this important case. The court’s opinion finds that “Don’t Ask, Don’t Tell” is unconstitutional, and the court will issue a permanent injunction preventing the government from further enforcement of this unconstitutional statute. This is a major victory in the fight for equality and means that military service will be available to all Americans, regardless of their sexual orientation.”