Federal Judge Issues Worldwide Injunction On Military Gay Ban
October 20, 2010 by Special To Personal Liberty
A California Federal judge followed up on her verdict last month, which stated that the military's "don't ask, don't tell" (DADT) policy is unconstitutional, by issuing an injunction on Oct. 12 to prevent the government from continuing to enforce it.
U.S. District Judge Virginia Phillips' ruling — which cited free speech and due process violations under DADT — immediately suspends the 17-year ban on openly gay individuals serving in the military. It also compels the government to scrap all discharge proceedings and investigations that are currently under way.
The decision has been praised by gay rights activists and many lawmakers, mainly on the Democratic side. Representative Chaka Fattah (D-Penn.) issued a statement in which he called the worldwide injunction "long overdue," and added that Oct. 12 was "a good day for all Americans."
However, Family Research Council President Tony Perkins disagreed with the judge's stance and accused her of "playing politics" with national security.
"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," Perkins stated.
The ruling comes some two months before the Pentagon is scheduled to release the report commissioned by the White House on the potential impact of a DADT repeal.