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09/09/2010

Wow, unexpected: Terrible #DADT policy earns awesome court smackdown

by Jeremy Hooper
A federal court in California today ruled in favor of plaintiffs in the case challenging the constitutionality of “Don’t Ask, Don’t Tell.”

U.S. District Court Judge Virginia Phillips decided in favor of Log Cabin Republicans and their lawsuit against the 1993 law banning open service in the U.S. military.

BREAKING STORY: Federal court overturns ‘Don’t Ask, Don’t Tell’ [Wash. Blade]

And suddenly the bouncer at the "activist judge" club worries the fire marshal is going to shut him down.

*MORE from The Advocate:

The Justice Department has until a September 23 deadline to submit objections to the court regarding Phillips' permanent injunction, which they are likely to do. Justice Department attorneys have argued that Phillips does not have the authority to issue an injunction against the ban on openly gay servicemembers. [Advocate]

**And here's the FULL OPINION:


DADT -- US District, virginia phillips

**MORE: Servicemembers United's statement:

"This is an historic moment and an historic ruling for the gay military community," said Alexander Nicholson, Executive Director of Servicemembers United and a multi-lingual U.S. Army interrogator who was discharged under 'Don't Ask, Don't Tell.' "As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication."

**MORE: Statement from Aubrey Sarvis, Army vet and executive director of Servicemembers Legal Defense Network:

"We're pleased by the judge's decision, but this decision is likely to be appealed and will linger for years. Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it."

***

**BIG UPDATE, 9/10: WHITE HOUSE RESPONDS TO RULING ON 'DON'T ASK, DON'T TELL' [Towle]

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