LOS ANGELES: A federal judge ordered the US government Tuesday to immediately suspend discharges of gays serving openly in the military, placing an injunction on enforcement of a 17-year-old ban.
In a ruling hailed by gay servicemembers’ rights activists, the judge ordered Defense Secretary Robert Gates and the US government to “suspend and discontinue” proceedings under the “Don’t Ask, Don’t Tell” straightaway.
“The act known as ‘Don’t Ask, Don’t Tell’ infringes the fundamental rights of United States servicemembers and prospective servicemembers,” said US District Judge Virginia Phillips.
The policy also violates due process rights guaranteed under the Fifth Amendment to the US Constitution, and the rights to freedom of speech and to seek redress for grievances guaranteed by the First Amendment, she said.
Critics say the law, a 1993 compromise aimed at resolving the thorny issue of gays in the military, violates the rights of gay military personnel and has harmed US national security by forcing out some 14,000 qualified troops.
Tuesday’s court ruling urged US military authorities not to enforce or apply the policy “and implementing regulations, against any person under their jurisdiction or command.”
It also orders those authorities “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced” under the policy.
The ruling was immediately hailed by Servicemembers United, which bills itself as the biggest US group for gay and lesbian troops and veterans.
“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, Executive Director of Servicemembers United.
But he warned about a possible appeal. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit” appeal court.
“If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long overdue decision to remain in effect.”
The US Senate last month blocked a bid to lift a ban on gays serving openly in the military, thwarting the move with political maneuvering that put the issue on a back burner.
A total of 56 senators to 43 voted to advance debate on the annual Pentagon military spending bill to which the repeal of the gays ban had been attached, falling four short of the 60 votes needed to move forward under Senate rules.
Less than two months before November mid-term elections, polls show overwhelming US public support for ending the policy that requires members of the military to hide their homosexuality or be dismissed.
The Pentagon is carrying out a year-long review into repealing the policy set to be completed before the end of December, which will help draw up new rules for military service.
Both Gates and Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, have backed lifting the ban.
