A federal judge in San Diego, hearing the case brought on behalf of the Log Cabin Republicans, issued a worldwide injunction declaring “Don’t Ask Don’t Tell” unconstitutional. Judge Virginia Phillips declared “Don’t Ask Don’t Tell” has a direct and deleterious effect” on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training. In addition, she ordered that any discharges under the bill must cease immediately.
While the Obama Administration has vowed to overturn the policy through Congress, this likely puts the President in the odd position of having to defend a policy he believes is discriminatory and dangerous to the United States Military. This is because the Department of Justice traditionally has to defend overturned congressional laws. The Service Members’ Legal Defense Network, while praising the ruling, cautioned gay soldiers to remain closeted, for now. Although the House voted to repeal “Don’t Ask Don’t Tell” in early September, the Republicans in the Senate, led by failed 2008 Presidential nominee John McCain, effectively blocked the vote for passage, ensuring the discriminatory ban remained in place.