A federal judge ordered an immediate end Tuesday to the Pentagon’s enforcement of its ban on openly gay service members, rejecting the Obama administration’s argument that an injunction to stop the “don’t ask, don’t tell” policy might harm military readiness.
The ruling by U.S. District Judge Virginia Phillips in California marks the first time that the controversial policy — which forbids the military to ask about a service member’s sexual orientation but retains a ban on gays serving openly — has been halted.
Leaders of the group that brought the suit celebrated the injunction, the latest in a series of recent court rulings that expand the rights of gay Americans to marry and serve in uniform.
“This decision is also a victory for all who support a strong national defense,” said Christian Berle, acting executive director of the Log Cabin Republicans. “No longer will our military be compelled to discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination.”
Phillips issued a ruling last month declaring “don’t ask, don’t tell” unconstitutional, saying it has a “direct and deleterious effect” on the armed services. She then issued Tuesday’s injunction banning enforcement of the policy after considering an argument by the Justice Department that such an “abrupt change” would affect military operations in a time of war.
The Justice Department would not comment on whether the government will appeal the injunction, but a senior military official said a decision is expected within several days. The case puts the administration in an awkward position, because the Justice Department has defended “don’t ask, don’t tell” in court — drawing opposition from gay-rights groups — even though President Barack Obama supports a repeal of the policy.
“We have just learned of the ruling and are now studying it,” said Pentagon spokesman Geoff Morrell, who is traveling in Hanoi with Defense Secretary Robert Gates.
It is unclear how the military would enforce Phillips’ injunction or what its impact would be on the armed forces. The ruling not only halts future investigations and proceedings to discharge gay service members under “don’t ask, don’t tell,” but it also stops all such efforts now underway.
The uncertainty prompted one leading gay- rights group to urge gays serving in uniform to keep their sexual orientation hidden for now. They “must proceed safely and should not come out at this time,” because the injunction could be reversed by the U.S. Court of Appeals for the 9th Circuit, said the Servicemembers Legal Defense Network, which represents troops affected by “don’t ask, don’t tell.”
The injunction stems from a lawsuit brought by the Log Cabin Republicans, a 19,000-member conservative pro-gay-rights group.
