DADT: Judge Halts the Discharge of Gays in the US Military
This federal district court ruling is another signal that the US Department of Defense’s Don’t Ask Don’t Tell (DADT) policy is on its last legs. It was already withering on the vine (excerpt via The Washington Post):
“U.S. District Judge Virginia A. Phillips ruled Tuesday that the policy ‘infringes the fundamental rights’ of military service members and prospective service members and violates their rights to due process and freedom of speech.
Her ruling bars the Pentagon from enforcing or applying the policy and orders the military to immediately suspend and discontinue any investigations, discharges or other proceedings related to potential violations of the law.”
It appears that if the DOJ decides to appeal, which it likely will, the court could continue to allow discharges to continue while the DoD continues its review of the policy.
Given the likelihood of appeal by an administration that clearly wants to end DADT, there must be a reason the Obama administration wants the policy to end via legislation — as it would if a pending defense authorization bill awaiting Capitol Hill action is passed — rather than in the courts. Maybe the military wants the policy to conclude in a more orderly fashion. At the end of the day — some day soon — DADT is toast.