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Federal judge Virginia Phillips in Riverside Declares U.S.DADT Unconstitutional

Melanie Nathan – 09-09-10

The LA Times is reporting that a Federal Judge has declared DADT to be unconstitutional. The Clinton era law is set to be repealed, but this may end up averting that particular showdown. In fact, it could end up putting an end to DADT sooner than expected. The law was challenged by the LGBT Republican group Log Cabin Republicans.

From the LA Times:

A federal judge in Riverside declared the U.S. military’s ban on openly gay service members unconstitutional Thursday, saying the “don’t ask, don’t tell” policy violates the 1st Amendment rights of lesbians and gay men.

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.

The ruling comes just over a month after a federal judge in San Francisco tossed out California’s voter-approved ban on same-sex marriage, providing back-to-back victories for gay rights advocates seeking policy changes in the courts that have eluded them in Congress and at the ballot box. The case was filed by the Log Cabin Republicans, the largest political organization for gays in the GOP, in 2004.

The ruling is expected to intensify political pressure in Washington to act on legislation to repeal “don’t ask, don’t tell,” which remains stalled in the Senate despite support from President Obama and the Democratic congressional leadership.

President Obama has called the ban a threat to national security, and the U.S. House in May passed legislation to repeal “don’t ask, don’t tell” if an ongoing Pentagon study determines the military can adapt to the change without harming defense readiness.

Despite Obama’s criticism of the policy, the Justice Department vigorously defended “don’t ask, don’t tell’’ and even tried to undercut the case with a technical legal challenge over whether the named plaintiffs were dues-paying members of the organization that filed the lawsuit: the Log Cabin Republicans.

Source LA Times.

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