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Judge Halts Enforcement of DADT

Judge Halts Enforcement of DADT

In a Tuesday ruling, U.S. district judge Virginia A. Phillips ordered the Defense Department to "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding" related to "don't ask, don't tell." In her order Phillips did not specify when the injunction would become effective. Justice Department attorneys are expected to appeal the injunction to the U.S. court of appeals for the ninth circuit.

In a Tuesday ruling, U.S. district judge Virginia A. Phillips ordered the Defense Department to "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding" related to "don't ask, don't tell."

In her order Phillips did not specify when the injunction would become effective. Justice Department attorneys are expected to appeal the injunction to the U.S. court of appeals for the ninth circuit.

In September government attorneys argued that an injunction against "don't ask, don't tell" would preclude the government from litigating other legal challenges to DADT as well as prevent it from considering the terms of a stay banning discharges of gay soldiers.

Story developing.

The text of Phillips's order:

(1) DECLARES that the act known as "Don't Ask, Don't Tell" infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.

(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. 

(4) GRANTS Plaintiff Log Cabin Republicans' request to apply for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion for costs of suit, to the extent allowed by law. 

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