Federal judge orders a halt to 'don't ask, don't tell' policy

A federal judge ordered the United States military Tuesday to stop enforcing the “don’t ask, don’t tell” law that prohibits openly gay and bisexual soldiers from military service. 

The “don’t ask, don’t tell” law was originally proposed as a compromise measure to loosen military policies regarding homosexuality.  Departing from a decades-old policy of banning service by gay, lesbian, and bisexual recruits, the new law allowed service and prohibited superiors from asking about sexual orientation.  But the law also held that service members could be dismissed from the military if they revealed their sexual orientation or engaged in homosexual acts.

Judge Virginia Phillips of United States District Court for the Central District of California wrote that the 17-year-old policy “infringes the fundamental rights of United States servicemembers and prospective servicemembers” and violates their rights of due process and freedom of speech.  She issued an injunction banning enforcement of the law and ordered the military “to suspend and discontinue” immediately any investigations or proceedings to dismiss members of the armed services.

While Phillips’ decision is likely to be appealed by the government, it represents a significant new milestone for gay rights in the United States.

Two other recent decisions have overturned restrictions on gay rights at the state and federal levels, but Tuesday’s ruling, in Log Cabin Republicans v. United States of America, could have a more sweeping impact because it would apply to all United States service members. 

The government has 60 days to file an appeal.