Federal Judge to Obama: End "Don't Ask, Don't Tell" Discharges Now

U.S. Federal Court Judge Virginia Phillips delivered yet another stinging rebuke of the U.S. military's "Don't Ask, Don't Tell" policy today, issuing an injunction that orders the U.S. government to stop all discharges of U.S. soldiers under the policy. The injunction follows up her ruling from last month in the case of Log Cabin Republicans v. The United States of America, where Judge Phillips ruled that "Don't Ask, Don't Tell" violated the First and Fifth Amendments to the Constitution.

Her injunction today, pending an appeal by the federal government, would effectively cripple "Don't Ask, Don't Tell" from being enforced. The government, meaning the Obama administration, has 60 days to decide whether to appeal, or choose to let Judge Phillips' ruling stand.

The ruling from Judge Phillips "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." While that's a bit of legal jargon that comes complete with the fun "§" symbol, it's substance shouldn't be underestimated.

LGBT groups celebrated the news, though their celebration came with a bit of a "wait and see" perspective.

"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. "While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long overdue decision to remain in effect."

The Log Cabin Republicans for their part added a similar sentiment, hoping that the judge's injunction would stand. Their deputy executive director, Christian Berle, spoke to the Associated Press.

"These soldiers, sailors, airmen, and marines sacrifice so much in defense of our nation and our Constitution," Berle said. "It is imperative that their constitutional freedoms be protected as well. This decision is also a victory for all who support a strong national defense. No longer will our military be compelled to discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination."

So now all eyes turn toward the Obama administration. Will his Department of Justice decide to appeal, or will they let the ruling from Judge Phillips stand? That's the question being asked by a number of prominent LGBT voices today.

“So what’s it going to be, Mr. President, Mr. Commander-in-Chief? Is the gay community’s equality a political football on this issue or is removing a policy banning gays and lesbians from serving in the military going to happen on your watch, on your authority now?” blogger Pam Spaulding asked.

Similarly, John Aravosis over at AmericaBlog said that a lot will be riding on Obama's decision, particularly on whether LGBT voters line up to support the President in the future.

"The President, who is himself a constitutional scholar, has been handed the golden opportunity to end DADT once and for all. A federal judge has now ruled that the gay ban is unconstitutional, and he has ordered the federal government to stop the discharges immediately," Aravosis writes. "The President now has the power - given to him by a federal judge - to do the right thing, to do what he promised, to side with the civil rights community. All he has to do is not appeal, and DADT is over."

That's all he has to do. Now does he have the political "courage" to do it? Maybe his Justice Department can use a little coaxing, which you can help give right here.

Photo credit: U.S. Army