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Federal Judge says don’t enforce Don’t Ask, Don’t Tell


New York Times:

A federal judge issued a worldwide injunction Tuesday immediately stopping enforcement of the military’s “don’t ask, don’t tell” policy, suspending the 17-year-old ban on openly gay U.S. troops.

U.S. District Judge Virginia Phillips’ landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy.

U.S. Department of Justice attorneys have 60 days to appeal. Pentagon and Department of Justice officials said they are reviewing the case and had no immediate comment.

The injunction goes into effect immediately, said Dan Woods, the attorney who represented the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban’s enforcement.

Ironically we have a Republican group doing more for LGBT rights than Barack “fierce advocate” Obama.

What are the blogospheric reactions?

Buffoon Juice:

Get ready for loud bally-hooing over activist judges. Much gnashing of teeth and such. Oh, and no more soldiers getting booted out of the military for the horrible crime of being attracted to the same sex and having the integrity to not lie about it. The question is – will the government appeal the ruling? What will Obama do?

From the first comment there we can see the Kool-aiders are already making excuses:

I suspect the DoJ will appeal the ruling, because unlike the Bush administration (and Alberto Gonzales in particular), they understand that the Executive branch is not allowed to pick and choose what laws they like.

“Poor Barack, he has a duty to be a fierce advocate for a law he promised to get rid of.

But what about an opinion from someone who actually knows a thing or two about the law, like Ann Althouse:

But what damnable luck for the Democrats to have this thrown at them 2 weeks before the election! It’s such a bad issue for Obama. He hasn’t done what he promised, and he’s fought against constitutional rights that he ought to be actively pursuing, whether he’d made promises or not. He’s going to have to rest on the argument that he was always all about Congress making the change. But why hasn’t his Congress gone his way?

What about one of those evil reactionary wingnutters like Allahpundit at Hot Air?:

Decision time for The One: Does he appeal or not? If he decides not to, he’ll undercut Gates’s insistence that no action should be taken on the policy until the Pentagon completes its review of the effects on readiness. If he does appeal, he’ll antagonize the lefties (especially young voters) whom he needs to turn out next month. The obvious solution is to punt and avoid a decision until after the election, but I’m not sure liberals will let him get away with that. What if the “professional left” mobilizes and demands a decision before November 2? Prediction: Heart-ache at the Pentagon.

Exit question: Is this actually a blessing in disguise for the GOP? We may well have a Republican majority in the Senate next year, and without this decision the survival of DADT would fall mainly on them. Their inclination will be to satisfy the social-con base and vote to keep it, but that would put them on the wrong side of public opinion (including Republican opinion) and would instantly destroy any chance of rapprochement with gay voters. The judge let them off the hook by taking the issue out of their hands. Abortion redux! (emphasis added)

Barack Obama campaigned with Donnie “Pray teh gay away” McClurkin, refused to participate in gay pride events or to have his picture taken with the mayor of San Francisco (Democrat Gavin Newsom) and opposes gay marriage.

I hope I’m wrong but I’m gonna go out on a limb and say the government will appeal this ruling. Just a hunch.


UPDATE:

Poliglot:

In a move expected by most legal observers, the U.S. Department of Justice this afternoon filed notices of appeal in two cases striking down the federal definition of marriage, contained in the Defense of Marriage Act, as unconstitutional.

U.S. District Court Judge Joseph Tauro had ruled on July 8 in the cases, Gill v. Office of Personnel Management and Massachusetts v. Department of Health and Human Services, that Section 3 of DOMA was unconstitutional on several grounds, finding that the marriage definition violated the equal protection and due process guarantees, as well as the Spending Clause and Tenth Amendment.

Gay & Lesbian Advocates & Defenders, which argued the Gill case on behalf of the plaintiffs, issued a statement moments after the government’s filing.

“We fully expected an appeal and are more than ready to meet it head on,” Mary L. Bonauto, GLAD’s Civil Rights Project Director, said in the statement. “DOMA brings harm to families like our plaintiffs every day, denying married couples and their children basic protections like health insurance, pensions, and Social Security benefits. We are confident in the strength of our case.”

The White House issued no comment on the filing and directed questions to DOJ.

If Obama is gonna go all-in to defend DOMA he’ll do the same for DADT. Anybody care to bet me?



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20 Responses

    • The other half is addicted to the koolaid and should be drug tested.

      • Or they see that their theraputic community hasn’t help them much, particularly when it comes to getting them in touch with their feelings. Therefore they will never be successful in seeking treatment.

  1. BTW – Guess who appointed Judge Virginia Phillips?

    The Big Dawg is whodunnit.

    • Hurray! Yea! WOW!

      OK, start the PartE! Civil Rights!

    • Well, that explains it. Aren’t they always telling us what a great Republican president he was?
      OTOH, 17 years?!?! It has been *17* years since DADT. Since that time, we’ve had Larry Craig tap dancing his wide stance in the public restrooms and NO one in Congress complained that they couldn’t work with him or shower with him.
      This policy is stupid. Obama should have abolished it 10 minutes after his mangled oath of office. That and the conscience rule on reproductive rights.
      But the Clinton legacy lives on. That must really frost The Obama Admin’s crockies right about now. Why won’t the Clintons just go away already???

    • It’s frickin’ hilarious, The Evil Triangulator is still doing more to fix the situation than The Holy Messiah. Now which one has been out of office for 10 years?

  2. Hi myiq,

    Is this the same judge that already put a hold on DADT–or is this a second one? Sorry I haven’t read the whole post yet. Coincidentally, I’m actually working on one about homophobia, and I’ve been kind of wrapped up in that.

    • Yep, same judge that declared DADT unconstitutional. Way to go, Big Dawg and Judge Phillips! 🙂

    • BB, yes, it’s the same judge.

      I have a question for Myiq or any lawyer who reads this. Does O’s Justice Dept have to appeal all cases brought against the Government or can they pick and choose? And, if they pick and choose, can they do that and would that be fair?

      I want them to not appeal because O doesn’t have the guts for a fight and not with the Military right now anyway in light of what has transpired with McCrystal and Co. I also don’t think he gives a damn one way or the other about DADT or DOMA.

      I just don’t know what the standard operating procedures are regarding these judicial rulings.

  3. Fantastic news that this is happening, and of course really sad news of some of the fauxgressives response. And it will be very sad if the admin appeals. What are they going to say if they do that?

  4. I won’t bet you as I agree. They’ll appeal.

    • yes, he will.

      asshats.

    • Hey, they defended Yoo and Cheney on the torture memos. They’ve gone to bat for every evil Bush policy that has come up in court. Why should they change course now?

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