FEDERAL COURT RULES DADT UNCONSTITUTIONAL; GIANT STEP FORWARD FOR WORKPLACE RIGHTS

Photo:  CSEA Local VP Ove Overmyer with Lt. Dan Choi 

(right) at the One Nation rally in D.C. on Oct. 2. Choi is a former 

American infantry officer in the United States Army who served in 

combat in the Iraq war during 2006-2007.  

Riverside, CA.--  Today a California federal judge issued an injunction stopping the military from enforcing its "Don't Ask, Don't Tell" policy, which bans gays and lesbians from serving openly in their workplace.

In a full-page ad in the February 5, 2010 edition of Politico, AFSCME called for an end to the destructive “Don’t Ask, Don’t Tell” policy in the United States military.  To read the story in the AFSCME blog Greenline, you can go here.  For several years, labor unions from both the public and private sectors have been lobbying lawmakers to appeal this policy that was first instituted back in 1993.

 U.S. District Judge Virginia A. Phillips ruled that the policy "infringes the fundamental rights" of military service members and prospective service members and violates their rights to due process and freedom of speech.

Judge Virginia A. Phillips

The ruling bars the Pentagon from enforcing or applying the policy and orders the military to immediately suspend and discontinue any investigations, discharges or other proceedings related to potential violations of the law.

To overturn the injunction, government lawyers would have to appeal to the 9th Circuit Court of Appeals and ask that the current policy be allowed to continue while the appellate judges consider the case.

The Pentagon plans to review the case and consult with the Justice Department, according to senior military officials. The Justice Department had no immediate comment.

The Human Rights Campaign said it would be a mistake for the Justice Department to appeal Phillips's decision.

The Servicemembers Legal Defense Network, which represents troops affected by the policy, said gays and lesbians serving in uniform "must proceed safely and should not come out at this time" since Tuesday's injunction could be reversed by the 9th Circuit. The group plans to closely monitor the status of several cases involving clients under investigation or facing discharges, it said.

The ruling comes as Congressional efforts to repeal the ban remain in doubt. A Senate test vote on a bill repealing the policy failed last month. It remains unclear whether Democrats will include the ban as part of an omnibus annual defense policy measure set for consideration during a lame-duck session after the midterm elections. But if it fails during the lame-duck, repeal could be difficult if Democrats lose control of the Senate to Republicans.

The injunction should not affect the Defense Department's ongoing study of how the military would repeal the ban, senior military officials said.

If the Justice Department declines to appeal the ruling, the Defense Department would be required to issue instructions to military leaders on how to stop enforcing the policy, a senior military official said.