the don't tell show

BREAKING: Judge Tells Pentagon To Immediately Halt DADT Discharges

U.S. district judge Virginia A. Phillips, overseeing the Log Cabin Republicans’ DADT lawsuit, today ordered the Department of Defense “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding. While we should expect DoJ to appeal the ruling to the Ninth Circuit (because that is the Obama administration’s nature), it’s unquestionably a bold move, and will carry much weight when the decision is reviewed, since the Court of Appeals will consider the reasoning behind the lower court’s ruling. (The order also says LCR can request the feds pay their legal bills.) However, like we said when Phillips handed down her original ruling: that doesn’t mean The Gays should be coming out right away if they want to keep their jobs.

Reader Ryan sends in this strong wording from her order:

(1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) 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.

(2) 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;

(3) 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.

(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

Meanwhile, today appears to be DoJ’s last day to file an appeal in the “DOMA is unconstitutional” ruling out of Massachusetts’ federal court. UPDATE: DoJ is appealing.