caligula
@caligula
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Fed Judge Ends Dont Ask Dont Tell
Federal Judge Issues Worldwide Ban on 'Don't Ask, Don't Tell'
by Andrew Cohen
A federal judge in California Tuesday permanently enjoined the United States military from enforcing anywhere in the world its controversial "don't ask, don't tell" personnel policy toward gay and lesbian service members.
The same judge last month had ruled that the exclusion policy toward openly gay service members, initiated and implemented by Congress and the Clinton Administration in 1993, violated those troops' constitutional rights under the First and Fifth Amendment.
In a three-page order, U.S. District Judge Virginia Phillips enjoined "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."
Phillips, sitting in Riverside, Calif., had presided over a challenge to the policy brought by the gay advocacy group, Log Cabin Republicans. In September, she ruled that the policy did not "significantly further" government interests while discriminating against military personnel solely because of their sexual orientation. Last month, she indicated that she would issue a worldwide injunction, but gave the government the opportunity to argue against it.
With the midterm elections now three weeks away, and with gay rights issues already a hot topic on campaign trails all across the country, the White House and Justice Department did not immediately signal whether the government will appeal the ban on the policy. Federal officials have 60 days to appeal the ruling.
source: http://www.politicsdaily.com/2010/10/12/federal-judge-issues-worldwide-ban-on-dont-ask-dont-tell/
by Andrew Cohen
A federal judge in California Tuesday permanently enjoined the United States military from enforcing anywhere in the world its controversial "don't ask, don't tell" personnel policy toward gay and lesbian service members.
The same judge last month had ruled that the exclusion policy toward openly gay service members, initiated and implemented by Congress and the Clinton Administration in 1993, violated those troops' constitutional rights under the First and Fifth Amendment.
In a three-page order, U.S. District Judge Virginia Phillips enjoined "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."
Phillips, sitting in Riverside, Calif., had presided over a challenge to the policy brought by the gay advocacy group, Log Cabin Republicans. In September, she ruled that the policy did not "significantly further" government interests while discriminating against military personnel solely because of their sexual orientation. Last month, she indicated that she would issue a worldwide injunction, but gave the government the opportunity to argue against it.
With the midterm elections now three weeks away, and with gay rights issues already a hot topic on campaign trails all across the country, the White House and Justice Department did not immediately signal whether the government will appeal the ban on the policy. Federal officials have 60 days to appeal the ruling.
source: http://www.politicsdaily.com/2010/10/12/federal-judge-issues-worldwide-ban-on-dont-ask-dont-tell/
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By: NY1 News
A U.S. district judge in California issued a nationwide injunction stopping the policy, ending the military's 17-year-old ban on openly gay troops.
The judge declared the law unconstitutional after a two-week trial that was brought to court by the Log Cabin Republicans.
U.S. Department of Justice attorneys have 60 days to appeal, but legal experts say they could let the ruling stand.
The ruling comes after the U.S. Senate rejected a bill to repeal the policy.
source: http://www.ny1.com/content/top_stories/126998/federal-judge-ends--don-t-ask--don-t-tell--military-policy
AWESOME! 😄