The Law Office of Jennifer Marshall, Esq

One Judge Says “No” to Don’t Ask, Don’t Tell Policy

On Tuesday, a federal judge in California issued an injunction barring enforcement of “don’t ask, don’t tell,” the federal law banning service by open homosexuals in the armed forces.

U.S. District Judge Virginia Phillips of Riverside, Calif., found the law to be unconstitutional.  Her findings led to the granting of the global injunction.  The Judge was quoted as saying, without the injunction, “there is no adequate remedy at law to prevent the continued violation of service members’ rights or to compensate them for violation of their rights.”

The judge’s order has suspended the government from investigating and discharging individuals under “don’t ask, don’t tell.”  So far the government has not requested a stay of the injunction but it has 60 days to appeal the decision.

Many see the judge’s actions as an affirmation of the constitutional rights of gays and lesbians in the military who are fighting and dying for our country.  Many service men and women must still be vigilant to not come out of the closet just yet, the Obama administration could still appeal the decision and bring back “don’t ask, don’t tell.”  Till the 60 days are up men and women are still dying for our rights, while the government takes away theirs.

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