Defense Department Ordered to Immediately Suspend All Investigations and Discharges
Log Cabin Republicans statement on today's injunction against "Don't Ask, Don't Tell"
( Washington, DC ) - Log Cabin Republicans praises United States District Court Judge Virginia Phillips' decision to grant a world-wide injunction against enforcement of "Don't Ask, Don't Tell." Barring a stay by a higher court, the injunction suspends all investigations and prevents all discharges under the policy. However, Log Cabin Republicans urges caution by servicemembers considering coming out at this time, as the Obama administration still has the option to appeal.
"After finding in Log Cabin Republicans v. United States that 'Don't Ask, Don't Tell' violates servicemembers' First and Fifth Amendment rights, a world-wide injunction was the only reasonable solution," said Christian Berle, Deputy Executive Director of Log Cabin Republicans. "These soldiers, sailors, airmen, marines and coast guardsmen sacrifice so much in defense of our nation and our Constitution. It is imperative that their constitutional freedoms be protected as well. This decision is also a victory for all who support a strong national defense. No longer will our military be compelled to discharge servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination. The United States is stronger because of this injunction, and Log Cabin Republicans is proud to have brought the case that made it possible."
"We are extremely pleased with Judge Phillips's decision granting an immediate and permanent injunction barring the US military from carrying out its 'Don't Ask, Don't Tell' policy. 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," said Dan Woods, partner with White and Case, and the lead counsel for Log Cabin Republicans v. the United States.
Log Cabin Republicans filed suit in federal district court against "Don't Ask, Don't Tell" in 2004. The case went to trial in Riverside, California in July of 2010, and Judge Virginia Phillips ruled on September 9, 2010 that the policy violated the First and Fifth Amendments of the Constitution. Alex Nicholson, executive director of Servicemembers United and member of Log Cabin Republicans, served as the named plaintiff in the suit.
Servicemembers United statement:
WASHINGTON, D.C. - Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, proudly hailed today's announcement of an injunction from U.S. District Court Judge Virginia A. Phillips barring enforcement of the "Don't Ask, Don't Tell" law and ordering the Department of Defense to halt investigations and discharges pursuant to the law.
"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. "While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect."
The case that won the injunction, Log Cabin Republicans vs. United States of America, was originally filed in 2004. Just last month, and after a two-week trial in July, Judge Phillips issued her final ruling in the case, finding that the "Don't Ask, Don't Tell" law was unconstitutional on first and fifth amendment grounds. She also indicated her intent to issue an injunction barring further discharges in light of that finding. A copy of the injunction can be found at www.ServicemembersUnited.org/injunction.
For more information about Servicemembers United and "Don't Ask, Don't Tell," please visit www.ServicemembersUnited.org .
Servicemembers Legal Defense Network statement:
WASHINGTON, D.C. — Servicemembers Legal Defense Network ( SLDN ) , a national, legal services and policy organization dedicated to ending "Don't Ask, Don't Tell" ( DADT ) , issued a statement today after U.S. district judge Virginia A. Phillips ordered the Defense Department to "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding" related to DADT.
Statement by SLDN Legal Director Aaron Tax:
"We applaud Judge Phillips for putting an immediate stop to all investigations and discharges under this unconstitutional law. As explained by the judge, this order applies across the military. This order bars the Department of Defense from enforcing or applying the 'Don't Ask, Don't Tell' law against any person under its command. We have clients under investigation and facing discharge right now. We'll be monitoring each case over the coming days. This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the 9th Circuit where her decision may well be reversed. The law still has a chance of being repealed in the lame duck session of Congress. Service members must proceed safely and should not come out at this time. Anyone in the armed forces with questions or concerns should call our hotline."
Statement by Aaron Belkin, Executive Director of the Palm Center:
"Legal experts have agreed [ www.palmcenter.org/files/ExecutiveDiscretiononAppealMemo.pdf ] that the Department of Justice is under no obligation to appeal this ruling. President Obama can end 'don't ask, don't tell' now simply by allowing Judge Phillips's decision to stand. Should the administration continue to insist on waiting for Congressional action, we may have to wait many more years for the Pentagon to stop firing qualified men and women under this discriminatory policy."
The Palm Center, a think tank at the University of California, Santa Barbara, produces scholarship designed to enhance the quality of public dialogue about critical and controversial public policy issues. Since 1998, the Center has been a leader in commissioning and disseminating research in the areas of gender, sexuality, and the military.
Human Rights Campaign statement:
Solmonese: "The administration should comply with her order and stop enforcing this unconstitutional, unconscionable law that forces brave lesbian and gay Americans to serve in silence"
WASHINGTON — Today, federal district judge Virginia Phillips, following on her September decision striking down the "Don't Ask, Don't Tell" law in a case brought by the Log Cabin Republicans, ordered the Department of Defense to immediately cease enforcement of the statute barring gays and lesbians from serving openly in the Armed Forces. Human Rights Campaign President Joe Solmonese issued the following statement:
"The administration should comply with her order and stop enforcing this unconstitutional, unconscionable law that forces brave lesbian and gay Americans to serve in silence. The President has said this law harms our national security and we believe it would be a mistake to appeal the decision. Each additional day that this unjust law remains in force is one more day the federal government is complicit in discrimination."
The Human Rights Campaign is America's largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against GLBT citizens and realize a nation that achieves fundamental fairness and equality for all.
Quigley Statement on Injunction Halting "Don't Ask, Don't Tell"
CHICAGO—Today, U.S. Representative Mike Quigley ( IL-05 ) issued the following statement after a federal judge issued an injunction ending the enforcement of the Pentagon's "Don't Ask, Don't Tell" policy.
"Today the United States is both safer and more equitable. For too long 'Don't Ask, Don't Tell' has undermined our national security and moral integrity, and I applaud the Court's decision to halt its devastating effects. It is my hope that with this decision our Armed Forces will never again deny an American the right and the honor to serve his or her country."
In May, Quigley spoke out against "Don't Ask, Don't Tell" on the House floor before voting with the House of Representatives to repeal the policy.
National Gay and Lesbian Task Force responds to federal judge's injunction today halting enforcement of 'Don't Ask, Don't Tell' policy
WASHINGTON, Oct. 12 — A federal judge in California issued a sweeping injunction today halting enforcement of the military's "Don't Ask, Don't Tell" policy banning openly lesbian, gay and bisexual service members. U.S. District Court Judge Virginia Phillips ruled the policy unconstitutional last month.
Statement by Rea Carey, Executive Director National Gay and Lesbian Task Force:
"After 17 years of this discriminatory policy and thousands of discharged American troops, this order to halt is long overdue. We thank Judge Phillips for her ruling to end discharges under this unconstitutional law. This marks yet another strike against 'Don't Ask, Don't Tell.' Nearly 80 percent of Americans say 'Don't Ask, Don't Tell' should end. They know it's wrong and nonsensical to discriminate against patriotic people willing to risk their lives by serving in the military. They know it's unfair that qualified service members have been drummed out of the military because of bias. It is a mark of shame that this policy is still in place. We call on President Obama to not appeal this injunction of 'Don't Ask, Don't Tell' and effectively put an end to a program he has called a threat to our security."
To learn more about the National Gay and Lesbian Task Force, visit www.theTaskForce.org
American Foundation for Equal Rights statement from Chad Griffin, Board President
"This ruling is another signal from our courts that the Constitution's mandate of equality under the law must be applied to every American, as our nation's Founders intended. Tragically, until every instance of state-sanctioned discrimination is struck down, we will continue to see its horrific effects, particularly on our young people."
The American Foundation for Equal Rights is the sole sponsor of the Perry v. Schwarzenegger case. After bringing together Theodore Olson and David Boies to lead its legal team, the Foundation successfully advanced the Perry case through Federal District Court and is now leading it through the 9th Circuit Court of Appeals before the case is brought to the United States Supreme Court.
GLAAD Commends Federal Judge's Decision to Issue Injunction on "Don't Ask, Don't Tell"
October 12, 2010, New York, NY —The Gay & Lesbian Alliance Against Defamation ( GLAAD ) , the nation's lesbian, gay, bisexual and transgender ( LGBT ) media advocacy and anti-defamation organization, today commended a federal judge's decision to issue an injunction on the military's "Don't Ask, Don't Tell" law that prohibits gay and lesbian service members from serving openly and honestly in the United States Armed Forces.
"Today's historic decision could put an end to 17 years of discrimination that not only harmed brave men and women denied the opportunity to serve their country simply because of who they are, but also the American people who lost invaluable service members working to protect their country," said GLAAD President Jarrett Barrios. "Now, we hope that President Obama will live up to his promise and side with equality."
GLAAD continues to share the stories of gay and lesbian service members and encourages media outlets to highlight the concrete harms facing these brave men and women who only want the opportunity to serve their country. GLAAD has camera-ready gay and lesbian service members for media outlets, ready to speak on this issue.
This year GLAAD worked with Sergeant Anthony Bustos, a former army soldier, to prep him for an interview with ABC News regarding "Don't Ask, Don't Tell," during which he came out. GLAAD also brought the story of Sara Isaacson to Americans through media interviews with National Public Radio and NBC News. Sara is a University of North Carolina former ROTC student who must repay $80,000 in tuition after coming out.
