A federal judge in California has issued an injunction barring enforcement of "don't ask, don't tell," the federal law banning service by open homosexuals in the armed forces.
U.S. District Judge Virginia Phillips of Riverside, Calif., who on Sept. 9 found that the law was unconstitutional, granted the global injunction on Tuesday. She wrote that without the injunction, "there is no adequate remedy at law to prevent the continued violation of servicemembers' rights or to compensate them for violation of their rights."
In issuing her order and final judgment in the case, Phillips chose not to stay the injunction. That means the government was suspended from proceeding with investigations and discharges under "don't ask, don't tell" as of 11:30 a.m. PDT on Tuesday, when Phillips posted her order.
"The Court has provided Defendants sufficient opportunity to consider the terms of Plaintiff's proposed injunction and request a stay," she wrote. "They have failed to do so. For these reasons and those set forth in the Court's previous rulings on the issuance of a stay, the Court declined to delay entry of the injunction."
She noted that the government could appeal her decision within the next 60 days. The government also could ask the 9th U.S. Circuit Court of Appeals to issue a stay.
Tracy Schmaler, a Department of Justice spokeswoman, declined to offer any immediate comment. The other side was jubilant, however.
"We are extremely pleased with Judge Phillips' decision granting an immediate permanent injunction barring the U.S. military from carrying out its 'don't ask, don't tell' policy," said Dan Woods, a partner in the Los Angeles office of White & Case who represents the Log Cabin Republicans.
"The order represents a complete and total victory for Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country."
A worldwide injunction "was the only reasonable solution," Christian Berle, acting executive director of Log Cabin Republicans, said in a prepared statement. "These soldiers, sailors, airmen and marines sacrifice so much in defense of our nation and our Constitution. It is imperative that their constitutional freedoms be protected as well."
The organization urged caution upon service members who are considering coming out in light of the development, noting that the Obama administration still could file an appeal.
Phillips ruled in September that "don't ask, don't tell" violated service members' constitutional rights, specifically their Fifth Amendment's right of due process under the law and First Amendment right to free speech. The government had argued that a worldwide injunction would conflict with the rulings of judges in other districts and circuits, and that any injunction should be limited to members of Log Cabin Republicans, a gay Republican group.
Phillips rejected both positions. She said an injunction limited to Log Cabin Republicans would contradict the focus of the lawsuit, which was to challenge the law in general, not as it pertained to a specific service member's rights. As for contrary court rulings, she wrote: "The fact that courts in other circuits have not invalidated the Don't Ask, Don't Tell Act does not prevent this Court from doing so."
Phillips wrote that she considered whether portions of the law deemed constitutional could be severed from the unconstitutional parts but concluded that she had "found it unconstitutional to discharge servicemembers on the basis of their homosexuality. As the Act entirely pertains to the discharge of servicemembers on the basis of homosexual conduct, it is unconstitutional in its totality."