Judge Orders End of 'Don't Ask'; Military Told to Stop Enforcing Its Policy Banning Open Gays

The Washington Times (Washington, DC), October 13, 2010 | Go to article overview

Judge Orders End of 'Don't Ask'; Military Told to Stop Enforcing Its Policy Banning Open Gays


Byline: Valerie Richardson, THE WASHINGTON TIMES

A federal judge in California on Tuesday ordered the U.S. military to stop enforcing the 17-year-old policy banning openly gay service members, the policy known as don't ask, don't tell.

Judge Virginia Phillips issued a permanent injunction against don't ask, don't tell from her court in Riverside, Calif., declaring that the policy infringes the fundamental rights of United States service members and prospective service members.

Her injunction applies to U.S. military personnel serving throughout the world. She also ordered the federal government and military 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.

The judge had ruled the policy unconstitutional in a Sept. 9 decision, but delayed issuing the injunction for a month in order to give the Obama administration's Justice Department an opportunity to respond.

Justice Department spokeswoman Tracy Schmaler said Tuesday the decision was under review. The department has 60 days to file an appeal.

Log Cabin Republicans, the party's most prominent gay rights organization, filed the lawsuit in 2004 and hailed Tuesday's ruling as a complete and total victory. But the group warned that the case isn't yet closed, noting that the administration may still appeal the decision.

No longer will our military be compelled to discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination, said Christian Berle, deputy executive director of Log Cabin Republicans.

Supporters of don't ask, don't tell denounced the ruling as a blatant example of judicial activism undercutting the democratic process. The Senate last month debated legislation to repeal don't ask, don't tell - already approved by the House of Representatives - as an amendment to a defense-authorization bill, but proponents could not overcome a filibuster.

Once again, an activist federal judge is using the military to advance a liberal social agenda, disregarding the views of all four military service chiefs and the constitutional role of Congress, said Family Research Council President Tony Perkins. This move will only further the desire of voters to change Congress.

In most cases, federal lawyers would be expected to challenge an adverse ruling, but this case comes with an unusual set of circumstances. President Obama has said he personally favors repeal of don't ask, don't tell, and allowing the deadline to pass without filing an appeal would enable him to deliver a top priority for his party's gay supporters without the risks of a nasty congressional battle.

Mr. Obama may need more political cover as the Justice Department also revealed Tuesday that it will appeal a separate ruling from a federal court in Massachusetts that found the federal Defense of Marriage Act unconstitutional.

U.S. District Judge Joseph Tauro in Boston ruled in July for several gay couples who had argued that the Defense of Marriage Act interfered with the rights of states to define marriage. The administration is defending the 1996 law, even though Mr. Obama at one time said he opposed it as well.

Critics of don't ask, don't tell quickly issued statements Tuesday advising the Obama administration to accept the judge's ruling.

Legal experts have agreed that the Department of Justice is under no obligation to appeal this ruling, said Aaron Belkin, executive director of the Palm Center, a think tank at the University of California at Santa Barbara that supports ending the ban. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Judge Orders End of 'Don't Ask'; Military Told to Stop Enforcing Its Policy Banning Open Gays
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.