Just posted at AMERICAblog Gay. Big news from California.
The judge in the Log Cabin Republican's case against Don't Ask, Don't Tell has issued her ruling. DADT is unconstitutional:
A federal judge in Riverside declared the U.S. military’s ban on openly gay service members unconstitutional Thursday, saying the “don't ask, don't tell” policy violates the 1st Amendment rights of lesbians and gay men.Have to offer congrats to LCR. Wow.
U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.
Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.
And, is Obama's DOJ, which lost this case, really going to appeal this ruling? Really.
Get this law off the books. It's not only discriminatory. It's unconstitutional.
UPDATE: The Judge ruled that DADT violates the First and Fifth amendments and the plaintiffs are entitled to a permanent injunction "barring its enforcement." LCR has seven days to submit a "Proposed Judgment." The DOJ will have seven days to submit its objections to that. Here's an idea for Obama's DOJ (maybe the DOJ's so-called LGBT liaison Matt Nosanchuk can shop it around): Don't object to the proposed judgment. Don't ask for a stay of the judgment or the injunction. And don't appeal this decision. Let DADT die.)
And, here's the decision:
Decision finding DADT is unconstitutional.
