Worldwide injunction on #DADT discharges–what now?

After feeling disappointed last month over the McCain-led Senate filibuster of the Defense BIll that would have repealed the military ban on openly gay servicemembers, the gay political blog world (talk about niche!) is abuzz right at the moment over the injunction of all ‘Don’t Ask, Don’t Tell’ investigations and discharges. Federal Judge Virginia Phillips (two ‘L’s, the RIGHT way to spell it) issued a worldwide permanent injunction against enforcement of DADT. According to the Log Cabin Republicans who brought forward the case on behalf of discharged Marine, Alex Nicholson:

“Barring a stay by a higher court, the injunction suspends all investigations and prevents all discharges under the policy. However, Log Cabin Republicans urges caution by servicemembers considering coming out at this time, as the Obama administration still has the option to appeal.”

Stating that the policy violated the First and Fifth Amendments to the US Constitution, the Judge’s decision was stern in its admonishing of the Department of Defense and the Government:

Phillips ruled that the law intruded on service members’ privacy, autonomy and freedom of expression, and that the government had failed to substantiate its claim that excluding openly gay troops promotes military effectiveness or unit cohesion.

She said expert testimony and studies from other nations with different policies found no evidence that allowing gays to serve reduced military effectiveness.

Phillips also said the Pentagon had undermined the government’s position by delaying the discharge proceedings of acknowledged gays and lesbians while they were in combat zones, then seeking to remove them when they returned.

According to the Associated Press, “U.S. Department of Justice attorneys have 60 days to appeal, but legal experts say they could let the ruling stand.”

The Log Cabin Republicans let their feelings be known in this emphatic statement: “These soldiers, sailors, airmen, marines and coast guardsmen sacrifice so much in defense of our nation and our Constitution,” said Christian Berle, Deputy Executive Director of Log Cabin Republicans.

“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 servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination. The United States is stronger because of this injunction, and Log Cabin Republicans is proud to have brought the case that made it possible.”

Here in Illinois, our very own Alexi Giannoulias was quick to respond, as well:

“I have been calling for an immediate repeal of the ‘Don’t Ask, Don’t Tell’ policy for more than a year. Today’s decision confirms what we have always known — this policy is discriminatory and unconstitutional. This is one of the issues where Congressman Kirk and I fundamentally disagree: I think brave men and women who want to defend our country should be allowed to serve, while he is eager to kick them out based on their sexual orientation. Illinois voters want a Senator who will go to Washington and end this immoral and ineffective practice permanently through legislative action.”

So is this the end of DADT?

Many of you are now asking, “is it over?”

Nope.

Like all the cases crawling their way up to the Supreme Court, the Government can ask the 9th Circuit Court to impose a ‘stay’ on the injunction; which is the legal world’s pause button. If a stay is issued, then the injunction couldn’t be enforced. In other words, Judge Phillips says that discharges must stop now, but if her ruling is stayed, then discharges must continue. So if you’re in the service, and you’re reading this–put down that Pride Flag! If you come out today, and the injunction is stayed tomorrow, you’ll be in a room chatting with investigators a few hours after that.

How likely is the 9th Circuit to stay the injunction? Well, they did it to Judge Walker’s decision striking down Prop 8, just a few months ago. Bad habits are the hardest to break: when it comes to letting gays live and let live, courts are reluctant to let that happen without giving the possibility of giving us rights guaranteed in the Constitution a THOROUGH look-over.

Don’t want to go crazy and give us the rights of an American Citizen by mistake unless we’re absolutely sure, do we?

This entry was posted on Tuesday, October 12th, 2010 at 9:10 pm and is filed under Politics & Activism. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.