Federal Judge Issues Injunction Suspending DADT Worldwide

U.S. district court judge Virginia Phillips today issued a final injunction in the case of Log cabin Republicans v. United States in which she permanently enjoins the federal government from enforcing the anti-gay policy known as "Don't Ask, Don't Tell" worldwide.

The text of the order is:

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.

A number of organizations (HRC, Equality California, Courage Campaign, Servicemembers United) are calling for the Obama Administration's Justice Department not to appeal the judge's ruling. MadProfessah is not one of them. I think the Department should not appeal the injunction, but should appeal the decision. I think it is very bad precedent to set that a single federal judge can make a final determination of law for how the United States needs to enforce or not enforce a federal law. Besides, there are literally hundreds of district court judges that have been appointed by Bush who I would not want their interpretation of the law to be the final one. To me, that is why we have appellate courts, and why appellate court appointments are so important. I would strongly not encourage the government to appeal a loss from the 9th Circuit to the United States Supreme Court.

What do YOU think?