Another Victory for Gays in the Military: Federal Judge Stops Enforcement of Don’t Ask, Don’t Tell

A California federal judge today issued a global injunction to suspend the U.S. military from enforcing its “Don’t Ask, Don’t Tell” policy, which bans lesbians and gays from serving openly in the military.

“The cracks are showing, and Don’t Ask Don’t Tell is starting to crumble at last,” said NOW President Terry O’Neill. “NOW applauds this latest victory in the struggle toward fully equal treatment for all lesbian, gay, bisexual and transgender military personnel.”

U.S. District Judge Virginia Phillips ruled that the policy is unconstitutional and violates current and prospective service members’ due process rights and free speech rights. The ruling bars the military from applying the policy and suspends any investigations, discharges and other related actions.

Judge Phillips delivered the landmark decision on Sept. 9, 2010, but issued the anticipated injunction today. The ruling is expected to be appealed.

“This adds pressure to the overall dismantling of Don’t Ask, Don’t Tell. NOW calls on President Obama and the Pentagon to comply with the order immediately, rather than appeal the judge’s decision. Don’t Ask, Don’t Tell is fundamentally unfair, unjust and unconstitutional,” said O’Neill.


Contact: Caitlin Gullickson, media[at], 202-628-8669 ext 123