U.S. military immediately ordered to stop discharging gays
Riverside, CA -
A federal judges has ordered the U.S. military to stop enforcing the controversial "Don't Ask, Don't Tell" (DADT) law which has banned openly gay service members from serving in the military for 17 years.
U.S. District Judge Virginia Phillips declared the law unconstitutional on Sept. 9. Today she rejected an Obama administration request to delay an injunction and ordered enforcement of DADT, established during the Clinton presidency, to be halted immediately.
The judge acted on a lawsuit brought by the Log Cabin Republicans in October 2004. The case went to trial in July 2010.
"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 national gay and lesbian Republican group.
"Today the United States is both safer and more equitable," said U.S. Representative Mike Quigley (D-IL). "For too long ‘Don't Ask, Don't Tell' has undermined our national security and moral integrity, and I applaud the Court's decision to halt its devastating effects. It is my hope that with this decision our Armed Forces will never again deny an American the right and the honor to serve his or her country."
In her ruling of this afternoon, Phillips said that the Court "Declares that the act known as "Don't Ask, Don't Tell" infringes the fundamental rights of United States service members and prospective service members and violates the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution."
The Court "permanently enjoins Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the "Don't Ask, Don't Tell" Act and implementing regulations, against any person under their jurisdiction or command;" and orders 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."
The injunction and ruling are major victories for gay service members and the LGBT community as a whole.
Statement from Log Cabin Republicans Executive Director R. Clarke Cooper:
"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."
Statement by SLDN Legal Director Aaron Tax:
"We applaud Judge Phillips for putting an immediate stop to all investigations and discharges under this unconstitutional law. As explained by the judge, this order applies across the military. This order bars the Department of Defense from enforcing or applying the 'Don't Ask, Don't Tell' law against any person under its command. We have clients under investigation and facing discharge right now. We'll be monitoring each case over the coming days. This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the 9th Circuit where her decision may well be reversed. The law still has a chance of being repealed in the lame duck session of Congress. Service members must proceed safely and should not come out at this time. Anyone in the armed forces with questions or concerns should call our hotline."
U.S. District Judge Virginia Phillips declared the law unconstitutional on Sept. 9. Today she rejected an Obama administration request to delay an injunction and ordered enforcement of DADT, established during the Clinton presidency, to be halted immediately.
The judge acted on a lawsuit brought by the Log Cabin Republicans in October 2004. The case went to trial in July 2010.
"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 national gay and lesbian Republican group.
"Today the United States is both safer and more equitable," said U.S. Representative Mike Quigley (D-IL). "For too long ‘Don't Ask, Don't Tell' has undermined our national security and moral integrity, and I applaud the Court's decision to halt its devastating effects. It is my hope that with this decision our Armed Forces will never again deny an American the right and the honor to serve his or her country."
In her ruling of this afternoon, Phillips said that the Court "Declares that the act known as "Don't Ask, Don't Tell" infringes the fundamental rights of United States service members and prospective service members and violates the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution."
The Court "permanently enjoins Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the "Don't Ask, Don't Tell" Act and implementing regulations, against any person under their jurisdiction or command;" and orders 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."
The injunction and ruling are major victories for gay service members and the LGBT community as a whole.
Statement from Log Cabin Republicans Executive Director R. Clarke Cooper:
"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."
Statement by SLDN Legal Director Aaron Tax:
"We applaud Judge Phillips for putting an immediate stop to all investigations and discharges under this unconstitutional law. As explained by the judge, this order applies across the military. This order bars the Department of Defense from enforcing or applying the 'Don't Ask, Don't Tell' law against any person under its command. We have clients under investigation and facing discharge right now. We'll be monitoring each case over the coming days. This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the 9th Circuit where her decision may well be reversed. The law still has a chance of being repealed in the lame duck session of Congress. Service members must proceed safely and should not come out at this time. Anyone in the armed forces with questions or concerns should call our hotline."
