Legal Commentary

Judge Orders Military to Stop Enforcing DADT

By Dale Carpenter

The California federal judge who decided on September 9 that Don?t Ask, Don?t Tell is unconstitutional has now issued an injuction ordering the military to immediately stop enforcing it.  The order:

(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.

The good news for gay servicemembers, and for what our Commander-in-Chief says is a matter of national security, is probably temporary.  The Ninth Circuit will likely stay the effect of this order and, if it does not, the Supreme Court will do so.

Full post as published by The Volokh Conspiracy on October 12, 2010 (boomark / email).