Fri. September 10, 2010
Chicago, IL -
Central District of California Federal Judge Virginia A. Phillips has ruled "Don't Ask, Don't Tell" (DADT) unconstitutional and has issued an injunction halting enforcement of its provisions.
Phillips said the policy banning gays did not preserve military readiness and cited evidence showing that the policy in fact had a "direct and deleterious effect' on the military.
DADT had limited the military's ability to ask about the sexual orientation of service members, and allowed homosexuals to serve, as long as they did not disclose their orientation and do not engage in homosexual acts. The policy was signed into law in 1993 as a compromise that would allow gay and lesbian soldiers to serve in the military.
Since its implementation, thousands of same-sex oriented military personnel have been discharged for violating its tenants at a cost of hundreds of millions to the taxpayers. In 2005, the Government Accountability Office found that the cost of discharging and replacing service members fired because of their sexual orientation during the policy's first 10 years totaled at least $190.5 million.
The suit, brought by Log Cabin Republicans, attacked the constitutionality of the statute known as the "Don't Ask, Don't Tell" Act and its implementing regulations. The suit challenged a member's right to substantive due process guaranteed by the Fifth Amendment to the United States Constitution, and its member's right of freedom of speech, association, and to petition the government, guaranteed by the First Amendment.
In an 86 page opinion issued this evening, "The Court finds Plaintiff Log Cabin Republicans (sometimes referred to in this Order as "Log Cabin," "LCR," or "Plaintiff"), a non-profit corporation, has established standing to bring and maintain this suit on behalf of its members. Additionally, Log Cabin Republicans has demonstrated the Don't Ask, Don't Tell Act, on its face, violates the constitutional rights of its members. Plaintiff is entitled to the relief sought in its First Amended Complaint: a judicial declaration to that effect and a permanent injunction barring further enforcement of the Act."
Congressman Mike Quigley (D-IL) issued the following to ChicagoPride.com this morning: "It has been painfully obvious for a long time that the ‘Don't Ask, Don't Tell' policy undermines America's longstanding commitment to equality, and the U.S. District Court in California has now confirmed that it explicitly violates the vision of this country put forth by our founding fathers. I applaud the Court's decision, and urge the Senate to follow the lead of the House and repeal this morally repugnant—and now unconstitutional—policy. It's time for the Pentagon to realize it doesn't need a 32-page questionnaire to do what's right for both our sense of justice and our national security. It's time to end ‘Don't Ask, Don't Tell' today."
President Barack Obama (D) had campaigned for election promising repeal of the controversial law, but had failed to produce, causing outrage and dissent from many in the gay community.
Great concern as to the probability of legislative repeal of this law has been voiced in recent weeks due to the tenuous leadership state of Senate Majority Leader Harry Reid (D-NV) and upcoming elections. Had the repeal of the law not been brought up for a vote within the next four weeks, which had not been committed to, the fate of the repeal attached to the Armed Services Appropriation Bill would have been in jeopardy.
Phillips was appointed to the Court by President William J. Clinton in 1999.
An appeal by the U. S. Justice Department of the decision is expected.
The judge's entire opinion can be read at http://www.cacd.uscourts.gov/Cacd/RecentPubOp.nsf/bb61c530eab0911c882567cf005ac6f9/4f03e468a737002e8825779a00040406/$FILE/CV04-08425-VAP%28Ex%29-Opinion.pdf.
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