RIVERSIDE — U.S. District Court Judge Virginia A. Phillips today issued an injunction barring enforcement of the “Don’t Ask, Don’t Tell” (DADT) law and ordered the Department of Defense to halt investigations and discharges pursuant to the law.
“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, executive director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans.
“While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”
The case that won the injunction, Log Cabin Republicans v. United States of America, was originally filed in 2004.
Just last month, and after a two-week trial in July, Judge Phillips issued her final ruling in the case, finding that DADT was unconstitutional on First and Fifth Amendment grounds. She also indicated her intent to issue an injunction barring further discharges in light of that finding.
A copy of the injunction can be found at www.ServicemembersUnited.org/injunction.