Tuesday, October 12, 2010

Federal Judge Virginia A. Phillips tells Department of Defense to suspend DADT enforcement


District judge Virginia A. Phillips has ordered the Defense Department to "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding" of gay soldiers. Here's the low down from The Advocate.
The text of Phillips's order:
(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. 
 The next step is from the DOJ.

1 comment:

WilsonW said...

OMG!!! It's about time. Barack should've done this his durn self!

The Stuff

My photo
Viktor is a small town southern boy living in Los Angeles. You can find him on Twitter, writing about pop culture, politics, and comics. He’s the creator of the graphic novel StrangeLore and currently getting back into screenwriting.