shut down

Federal Judge: Don’t Ask Don’t Tell Unconstitutional

Oh, you know that little policy called Don’t Ask Don’t Tell? It’s dead, yo.

The policy is unconstitutional, says California’s federal District Court Judge Virginia Phillips, declaring the “Plaintiff has demonstrated it is entitled to the relief sought on behalf of its members, a judicial declaration that the Don’t Ask, Don’t Tell Act violates the Fifth and First Amendments, and a permanent injunction barring its enforcement.” Phillips, appointed by Bill Clinton in 1999, effectively knocks down the policy in deciding Log Cabin Republicans vs. the United States of America, ruling the government cannot enforce the policy any longer.

Of course, the U.S. government will be expected to request an immediate injunction pending appeal. Which they might just do — despite Obama’s promise to use Congress to repeal the law — since the DoJ has argued Phillips doesn’t even have the jurisdiction to issue an injunction.

Full decision here.