A federal judge has declared the military's "Don't Ask, Don't Tell" policy unconstitutional and barred the military from enforcing it, ruling in a case brought by the Log Cabin Republicans.
"A federal judge in Riverside declared the U.S. military's ban on openly gay service members unconstitutional Thursday, saying the 'don't ask, don't tell' policy violates the 1st Amendment rights of lesbians and gay men. U.S. District Court Judge Virginia A. Phillips said 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. Phillips said she would issue 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."
Phillips has given the plaintiffs until September 16 to submit a proposed judgment, including a permanent injunction, consistent with the Court's opinion. The Department of Justice then must submit its objections by September 23.
Said LCR 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 service members, but all American service members."
The court agreed to hear the case on June 29. Earlier in June, the Department of Justice asked the judge to defer proceedings in the case "because the political branches have taken concrete steps to facilitate repeal of the DADT statute."
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."
The case through which the law was struck down, Log Cabin Republicans vs. U.S.A., was originally filed in 2004. Servicemembers United's Executive Director, J. Alexander Nicholson (pictured), is the sole named injured party in the lawsuit.
Said Nicholson, a former multi-lingual U.S. Army interrogator who was discharged under 'Don't Ask, Don't Tell.': "This is an historic moment and an historic ruling for the gay military community and for the readiness and integrity of our Armed Forces. 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."
Senator Kirsten Gillibrand tweets: "Fed'l judge in CA has ruled #DADT unconstitutional. Great news! It's my hope that DOJ does not appeal. DADT is immoral & hurts our military."
HERE'S THE RULING:
