Tuesday, October 12, 2010

Don't Enforce Don't Ask Don't Tell

Because the federal judge in California that ruled against the measure has slapped an injunction on the Department of Defense preventing them from enforcing the policy, effective immediately.

Partial injunction order:

2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the “Don’t Ask, Don’t Tell” Act and implementing regulations, against any person under their jurisdiction or command; 
 
(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to 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, or pursuant to U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.


So as of right now, DADT is dead.  Toast.  Kaput.  Unconstitutional and now unenforceable.

Now, having said that, the worst thing that could happen is that a bunch of folks in the military who are gay come forward and then the injunction is shot down by a higher court, in which case immediate discharge actions would be taken against everyone involved.

So right now, there's a stalemate.  No DADT investigations can go forward, but nobody can really come out in the military right now.  That's a different problem than say, yesterday, but a problem nonetheless.

This is a victory for everyone currently under a DADT investigation or facing discharge proceedings because of DADT.  So...net positive good thing.  For now.  We'll see what the Obama administration's response is, and they need to be very careful here this close to the election.  They don't have to appeal.

Finally, keep in mind that this was the Log Cabin Republicans that brought this case forward.  Believe me when I say the Obama administration needs to be deadly careful because there are those who feel that the Dems are taking the LGBT vote for granted.

A win-win here would be reserving judgment on appeal until the December Pentagon report on implementing another solution is released...or better yet, choosing not to appeal at all.

9 comments:

Lowkey said...

Score one for team LGBT. Glad somebody has something to celebrate.

Lindy said...

Obama administration will ask for a stay on this from the 9th circuit. If they turn it down the Supreme Court will certainly grant it. Meaningless just like Obama's promises and did I mention Obama has gone ahead to appeal the decision on DoMA anyway?

http://www.thestate.com/2010/10/12/1509875/feds-appeal-mass-rulings-against.html

So how are the Democrats any better than the Republicans again on LGBT issues?

Zandar said...

First of all, the DoJ is required to defend the constitutionality of DOMA.

Second of all, if you really have to ask why the Democrats are any better on LGBT issues, then feel free to stay home, withhold your vote, and put the GOP homophobes in charge.

StarStorm said...

The definition of a firebagger is someone who is so obsessed with getting their way that they forget to defend what they have.

MikeJ said...

Want to know how Dems are better? Let this get to the Supreme court and replace the two Obama appointees with however McCain would have picked.

Daniel said...
This comment has been removed by the author.
Daniel said...

the worst thing that could happen is that a bunch of folks in the military who are gay come forward and then the injunction is shot down by a higher court, in which case immediate discharge actions would be taken against everyone involved.

Oh, I daresay that might be the best thing that could happen. If every last LGB servicemember were to come out immediately and the injunction were to be zapped, military leaders would be forced to see the truth of how many such servicemembers there are, and would be forced to make a choice between spending lots of time and effort to eject (i.e., lose) enormous numbers and great talent…or not. Heads we win, tails they lose.

Lowkey said...

@Daniel:

Gotta disagree. I have friends that are in the closet in the service. They don't want to go, to their astounding credit.

Ultimately, this is about them.

Zandar said...

And actually Daniel has a point, I was thinking about that overnight last night.

A critical mass-style movement may have its advantages.

What's really needed here is a strong leadership signal from the Commander-in-Chief on this decision. Obama has a major opening here that's been handed to him.

Related Posts with Thumbnails