Court Ends Don't Ask Don't Tell
October 13th 2010 19:10
Judge bans Pentagon's 'don't
ask, don't tell' policy
Judge's ruling puts Obama in tough spot with
liberals, military
By Richard A. Serrano • TRIBUNE WASHINGTON
BUREAU • October 13, 2010
WASHINGTON — A federal judge in California issued
a permanent, worldwide ban Tuesday on the
Pentagon's "don't ask, don't tell" policy on gays and
lesbians in the military and ordered the Department
of Defense to immediately halt any ongoing efforts
to remove anyone because of his or her sexual
preference.
The government has 60 days to appeal the ruling,
which gives the administration until after the midter-
m elections next month to make a decision. But it
also presents President Barack Obama with a
dilemma as he continues to try to rally his
Democratic base.
As a presidential candidate, Obama said he would
work to do away with the law. But now, should his
Justice Department appeal the ruling in a bid to keep
the policy in place, it could anger many of the
president's liberal supporters, something Obama
and congressional Democrats can ill afford.
Tony Perkins, president of the conservative Family
Research Council, called on the administration to
appeal immediately. Otherwise, he said, the ruling
"will only further the desire of voters to change
Congress" because of rulings like this by "activist
judges and arrogant politicians."
But Department of Justice officials said no decision
has been made on an appeal, though the
government has known for a month the ruling might
be coming because U.S. District Judge Virginia
Phillips in Riverside said on Sept. 9 she considered
the ban unconstitutional.
At the Pentagon, spokeswoman Cynthia Smith also
said the order was under review.
Other Pentagon officials said a task force created to
examine the issue has not completed its study and
that town hall meetings with military families were
continuing, as was an online opinion survey. If
there is no appeal, they said, the ruling would
short-circuit that effort.
Ban starts immediately
In her three-page order Tuesday, Phillips declared
that the don't ask, don't tell law policy "infringes on
the fundamental rights of United States service
members and prospective service members."
She also said it violates due process and freedom of
speech, and does not allow targeted service
members "to petition the government for redress of
grievances" to fight for their jobs if they are outed
as homosexuals.
She ordered the military to immediately stop
"enforcing or applying" the policy and implementing
the regulations "against any person under their
jurisdiction or command." She further ordered the
military "immediately to suspend and discontinue
any investigation, or discharge, separation, or other
proceedings" under way. The act was passed in
1993.
Tribune Washington bureau correspondent David
Cloud contributed to this report.
ask, don't tell' policy
Judge's ruling puts Obama in tough spot with
liberals, military
By Richard A. Serrano • TRIBUNE WASHINGTON
BUREAU • October 13, 2010
WASHINGTON — A federal judge in California issued
a permanent, worldwide ban Tuesday on the
Pentagon's "don't ask, don't tell" policy on gays and
lesbians in the military and ordered the Department
of Defense to immediately halt any ongoing efforts
to remove anyone because of his or her sexual
preference.
The government has 60 days to appeal the ruling,
m elections next month to make a decision. But it
also presents President Barack Obama with a
dilemma as he continues to try to rally his
Democratic base.
As a presidential candidate, Obama said he would
work to do away with the law. But now, should his
Justice Department appeal the ruling in a bid to keep
the policy in place, it could anger many of the
president's liberal supporters, something Obama
and congressional Democrats can ill afford.
Tony Perkins, president of the conservative Family
Research Council, called on the administration to
appeal immediately. Otherwise, he said, the ruling
"will only further the desire of voters to change
Congress" because of rulings like this by "activist
judges and arrogant politicians."
But Department of Justice officials said no decision
has been made on an appeal, though the
government has known for a month the ruling might
be coming because U.S. District Judge Virginia
Phillips in Riverside said on Sept. 9 she considered
At the Pentagon, spokeswoman Cynthia Smith also
said the order was under review.
Other Pentagon officials said a task force created to
examine the issue has not completed its study and
that town hall meetings with military families were
continuing, as was an online opinion survey. If
there is no appeal, they said, the ruling would
short-circuit that effort.
Ban starts immediately
In her three-page order Tuesday, Phillips declared
that the don't ask, don't tell law policy "infringes on
the fundamental rights of United States service
members and prospective service members."
She also said it violates due process and freedom of
speech, and does not allow targeted service
members "to petition the government for redress of
grievances" to fight for their jobs if they are outed
as homosexuals.
She ordered the military to immediately stop
"enforcing or applying" the policy and implementing
the regulations "against any person under their
jurisdiction or command." She further ordered the
military "immediately to suspend and discontinue
any investigation, or discharge, separation, or other
proceedings" under way. The act was passed in
1993.
Tribune Washington bureau correspondent David
Cloud contributed to this report.
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