DADT is suspended in breaking news here. Apparently, a suit filed by the Log Cabin Republicans is hitting pay dirt. Again, I am quite amused that the latest breakthroughs in civil rights for gays and lesbians are coming often at the behest of Republican efforts. That includes the Prop 8 fight with former Bush Solicitor General Ted Olson at the helm for gay marriage. Odd times we live in.
BTW – it has always been my understanding that if the President wished to overturn DADT, he could indeed do so at the stroke of a pen. He is the Commander-in-Chief of the Armed Forces, after all. In most other areas, Obama does not have powers of this magnitude, and certainly, for that we can be grateful as we do live in a Constitutional Republic and not a dictatorship. In any event, it will be interesting to see how the DOJ responds to this ruling. I want Obama to put his money where his mouth is, and follow through on his much ballyhooed promises to LGBT folks, or – just be honest and come out and say he does not support the repeal of DADT, I mean- which is it?
Here, the breaking news article by Chris Geidner:
U.S. District Court Judge Virginia A. Phillips has suspended enforcement of the military’s “Don’t Ask, Don’t Tell” policy as a result of her earlier opinion in Log Cabin Republicans v. United States that the policy is unconstitutional.
Ordering the government “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding” begun under DADT, Phillips’s permanent injunction is about as broad an order as she could have issued in the case.
The government has 60 days — until Monday, December 13, because the 60th day falls on a weekend — to appeal the trial court decision. In the interim, the government could seek a stay of Phillips’s decision from Phillips, the U.S. Court of Appeals for the Ninth Circuit or, ultimately, the U.S. Supreme Court.
Asked to respond to the ruling, Cynthia O. Smith, Defense Department spokeswoman, told Metro Weekly via email, “We have just learned of this ruling. We are now studying it and we will be in consultation with the Department of Justice.”
She added, “I would refer you to DOJ regarding any potential future litigation.”
The Justice Department had no immediate comment.
For the full article go here: DADT Suspended