Judge orders military to stop discharging gays: Read the text of the judges order here

[Better Believe It]

Judge orders military to stop discharging gays
Landmark ruling says government's 'don't ask, don't tell' policy must end
NBC News and news services
October 12, 2010

RIVERSIDE, Calif. — A federal judge Tuesday ordered the government to immediately stop discharges of gay service members under the military's "don't ask, don't tell" policy.

U.S. District Judge Virginia Phillips found the policy unconstitutional in September. On Tuesday, she rejected an Obama administration request to delay an injunction and ordered enforcement of the policy permanently stopped.

The Justice Department has 60 days to appeal. Legal experts say the government is under no legal obligation to do so and they could let Phillips' ruling stand.

In her Sept. 10 ruling, Phillips said the ban violates the First Amendment rights of gays and lesbians. "Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base.

http://www.msnbc.msn.com/id/39637073/ns/us_news-life

The text of the judges order:


UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
LOG CABIN REPUBLICANS, a
non-profit corporation,
Plaintiff,
v.
UNITED STATES OF AMERICA
and ROBERT M. GATES,
SECRETARY OF DEFENSE, in
his official capacity,
Defendants.
________________________
)))))))))))))))
Case No. CV 04-08425-VAP (Ex)
JUDGMENT AND PERMANENT
INJUNCTION
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
This action was tried by Judge Virginia A. Phillips without a jury on July
13-16 and 20-23, 2010. The Court filed a Memorandum Opinion on
September 9, 2010 (Doc. 232), and an Amended & Final Memorandum
Opinion, and Findings of Fact and Conclusions of Law, on October 8, 2010.
For all the reasons set forth therein, the Court:
Case 2:04-cv-08425-VAP-E Document 252 Filed 10/12/10 Page 1 of 3 Page ID #:7787
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1 Codified in statute at 10 U.S.C. § 654 and implemented by regulations
comprising Department of Defense Directives 1332.14 (1993), 1332.30
(1997), and 1304.26 (1993), as modified by Department of Defense
Instructions 1332.14 (2008) (incorporating March 29, 2010 changes) and
1332.30 (2008) (incorporating March 29, 2010 changes).
2
(1) DECLARES that the act known as "Don't Ask, Don't Tell"1 infringes
the fundamental rights of United States servicemembers and prospective
servicemembers and violates (a) the substantive due process rights
guaranteed under the Fifth Amendment to the United States Constitution, and
(b) the rights to freedom of speech and to petition the Government for redress
of grievances guaranteed by the First Amendment to the United States
Constitution.
(2) PERMANENTLY ENJOINS Defendants United States of America
and the Secretary of Defense, their agents, servants, officers, employees,
and attorneys, and all persons acting in participation or concert with them or
under their direction or command, from enforcing or applying the "Don't Ask,
Don't Tell" Act and implementing regulations, against any person under their
jurisdiction or command;
(3) ORDERS Defendants United States of America and the Secretary of
Defense immediately to suspend and discontinue any investigation, or
discharge, separation, or other proceeding, that may have been commenced
under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its
implementing regulations, on or prior to the date of this Judgment.
(4) GRANTS Plaintiff Log Cabin Republicans' request to apply for
attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412; and
Case 2:04-cv-08425-VAP-E Document 252 Filed 10/12/10 Page 2 of 3 Page ID #:7788
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(5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion
for costs of suit, to the extent allowed by law.
IT IS SO ORDERED.
Dated: October 12, 2010
VIRGINIA A. PHILLIPS
United States District Judge


http://www.politico.com/static/PPM153_dadt.html

[xchrom]

1. Recommend

[Better Believe It]

2. A clear, simple, just and easy to understand decision.

Let's hope President Obama doesn't decide to file an appeal against it.

[xchrom]

3. I like breathing -- so I won't hold my breath.

But yes, let's Hope he does.