A ruling handed down today by United States District Judge Virginia Phillips orders the Department of Defense to “immediately 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.”
Phillips previously ruled that DADT was unconstitutional as it violates freedom of speech and due process. Phillips did not write when the order would go into effect and the government still has the opportunity to appeal.
Federal judge orders Defense Dept. to suspend DADT proceedings
The ruling was in response to a lawsuit brought by the Log Cabin Republicans on behalf of its members discharged under the military’s anti-gay policy.
“It again must be noted that Defendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the Act,” Phillips wrote in September. “This evidence … does not suffice to show the Act’s restrictions on speech are ‘no more than is reasonably necessary’ to achieve the goals of military readiness and unit cohesion.”