DOD Lawyers Study Judge’s 'Don’t Ask, Don't Tell' Injunction
American Forces Press Service
WASHINGTON, Oct. 12, 2010 Ninth Circuit District Judge Virginia Phillips, based in California, today ordered the Defense Department to stop enforcing the “Don’t Ask, Don’t Tell” law immediately.
In September, Phillips ruled the law was unconstitutional in the case Log Cabin Republicans vs. the United States of America.
The Phillips ruling permanently enjoins DOD “from enforcing or applying the ‘Don’t Ask, Don’t Tell’ Act and implementing regulations, against any person under their jurisdiction or command.”
The judge further ordered DOD “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.”
“We have just learned of this ruling,” said Pentagon spokeswoman Cynthia Smith. “We are now studying it and we will be in consultation with the Department of Justice.”