October 12th, 2010
03:16 PM ET

Judge orders military to stop enforcing don't ask, don't tell

A federal judge ordered that the U.S. military stop enforcing the don't ask, don't tell policy on Tuesday.

Judge Virginia Phillips ordered the military "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"."

The judge had previously ruled that the policy regarding gays serving in the military violated service members Fifth Amendment rights but delayed issuing the injunction.

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Filed under: Gay and lesbian • Military
soundoff (676 Responses)
  1. TruthInLove

    DADT was enacted to protect gays from gay bashing in the military, in order to preserve troop numbers. Like gay bashing in civilian life, DADT protects gays in the military by providing a stong deterant against coming out.

    October 12, 2010 at 3:58 pm | Report abuse |
  2. Mike

    This will bring a whole new meaning to, "This is my weapon, this is my gun"

    October 12, 2010 at 3:59 pm | Report abuse |
  3. Ituri

    It never fails to amaze me, the childish arguments against integration of gays.

    "I don't wanna shower near gays! They might look at me!" All the straight guys are looking too. Grow up, get over your personal inhibitions, and realize if you're whining about showering with other people that you aren't mature enough to be serving in the first place.

    "I don't wanna see their abnormal behavior!" You have NO RIGHT that supercedes anyone elses. You do not get to discriminate on the basis of "don't wanna see it." No minority loses their rights as a human or as a citizen because you don't like seeing certain things.

    "I'll get out of the military if this happens!" Good. Plenty of bigots got out when blacks and women were allowed to serve, and plenty of bigots will get out when gays have the same. Our military will be better off for your loss.

    "I don't want civilians telling me how to live in the military." Guess what Leatherneck, YOU signed a VOLUNTARY contract to serve in the military. You work FOR civilians. You are NOT above them, and the society you protect is not separate from its military. Acting as if civilian society "doesn't count" or "shouldn't get a say" is ridiculous because EVERY policy you CHOSE to live with was dictated by the society and civilians you serve.

    "There are no atheists in foxholes, and I don't want gays in mine either!" Same whining. You don't have the right to restrict your fellow Americans rights just because you don't happen to like something. There are also plenty of atheists in foxholes (considering I was one, and my spouse IS one).

    October 12, 2010 at 3:59 pm | Report abuse |
    • 1012

      I love it. Sound arguments, solid comebacks. It's a pleasure to see that there are people out there who can base their opinions on logics and common sense. I applaud you. :)

      October 12, 2010 at 4:05 pm | Report abuse |
    • Grafixer

      Ituri... Very well said. Thank you!

      October 12, 2010 at 4:08 pm | Report abuse |
    • BR

      [HighFive] :-) [/HighFive]

      October 12, 2010 at 4:21 pm | Report abuse |
    • James

      You have "no right" to tell me what I must and must not accept. You violate my rights just as much as you claim yours are violated. I have "the right" to disagree. As do you. You DO NOT have "the right" to force your way of thinking onto me. THAT MAKES YOU THE BIGOT.

      October 12, 2010 at 5:53 pm | Report abuse |
  4. knowledge master

    Hope you all know that it doesnt matter what the federal or any judge ruled. Only congress can change the laws of the military. its called UCMJ.

    October 12, 2010 at 4:00 pm | Report abuse |
  5. jim bob

    This judge really doesn't realize, how much money the U.S will have to waste on allowing gays to openly serve. If they gays are allowed to serve, then they are going to want to get the same benefits for their spouse which will cost a lot more money.

    October 12, 2010 at 4:00 pm | Report abuse |
    • Mike, Dallas

      Jim Bob, then if gays don't get the same benefits the rest of americans do then their taxes should be adjusted accordingly. I don't see Jim Bob complaining about taking their taxes. You should be saying. Oh that's gay money, give it back! But you don't. It's just as green. It's folks like this that keeps bigotry and hate alive and well.

      October 12, 2010 at 4:18 pm | Report abuse |
    • jdoggers

      Gays are 10 times more likely to contract aids or other diseases. I don't want my tax dollars to have to pay for gays with aids just because of the ridiculous choices they made with their lives.

      October 12, 2010 at 4:35 pm | Report abuse |
    • Joe

      This guy's name is Jim Bob. Nuff said.

      October 12, 2010 at 5:00 pm | Report abuse |
  6. JOHN

    .....Freedom equality and liberty issued from the bench....
    Never from....... 'we the people'....ironic isn't it?

    For all the debates another court beats us to the victory line......should remind every single american just how pathetic we really are.......all talk.

    October 12, 2010 at 4:01 pm | Report abuse |
  7. Mandy

    Notice that the GOP has a big tent and let's everyone voice their opinion. You do not have to think with one mind in the GOP party. You may differ about opinions but the GOP does not make you have to shut up and march in lock-step as the Dems do. And yet, somehow the Democrat Party comes off as being the all inclusive party when it is not. Just like the GOP is consider tight with big business and yet I have seen more ties to Wall Street with the Dems than the GOP. Look at the GE bailout today with Obama's friend, Elmert who should be fired for doing such a crummy job.

    October 12, 2010 at 4:02 pm | Report abuse |
    • Grafixer

      Wow. You have it totally twisted. Go back to Fox.

      October 12, 2010 at 4:09 pm | Report abuse |
  8. Alex

    Anyone who honorably serves this country deserves respect–gay, straight, whatever.

    October 12, 2010 at 4:03 pm | Report abuse |
  9. Tired of gays and gay agenda

    It's a shame that the majority gets pushed around by the pro-gay agenda in this country. In general, gays are annoying

    October 12, 2010 at 4:03 pm | Report abuse |
    • Grafixer

      Why? What makes them annoying to you? I find your prejudice more than annoying. I find it ignorant and narrow. I'm sure gay people would feel the same way.

      October 12, 2010 at 4:10 pm | Report abuse |
    • Rob

      "Pushed around" – ?! I'm gay. I pay taxes...LOTS of taxes. But, I can't serve my country openly, cannot marry the person I love, etc. etc. etc. Who the hell is "pushed around"? I know many gays who are serving in the armed forces so you can have the freedom to spew your prejudices. By the way, THERE IS NO GAY AGENDA!!! Two or more gays can't agree on where to go out to eat, let alone agree on an AGENDA!

      October 12, 2010 at 4:21 pm | Report abuse |
    • Tired of gays and gay agenda

      It's the insistence that we accept them and condone their lifestyle. We don't and we never will, no matter how much it's forced on us

      October 12, 2010 at 4:21 pm | Report abuse |
    • BR

      Your averge over-achieving, hyper-scheduled soccer mom is pretty annoying too. Let's step on her rights.

      October 12, 2010 at 4:23 pm | Report abuse |
    • jdoggers

      Gays are stupid and obnoxious to think that their issue is more important than the economy or jobs, which are actually important issues that our country must solve.

      October 12, 2010 at 4:37 pm | Report abuse |
    • jdoggers

      Rob...youre right. Gays cannot even figure out who is going to play the guy and who is going to bend over and play the girl on any given evening. How can they be trusted to serve in our military?

      October 12, 2010 at 4:39 pm | Report abuse |
    • Nick

      @ Tired of gays and gay agenda....

      I am tired of people who think they are better than there neighbor, co-worker, or the solider who defends there freedoms only because they find comfort next to someone different than you think they should

      October 12, 2010 at 4:42 pm | Report abuse |
    • Nick

      @ jdoggers...

      Freedom is something that should be important to everyone. If you believed yours was opressed daily it would probably be an important topic for you as well.

      October 12, 2010 at 4:44 pm | Report abuse |
    • Sid

      A federal district judge's decision only applies in that district. This shouldn't cover more than a fraction of any military personnel.

      October 12, 2010 at 4:58 pm | Report abuse |
  10. Jason Dryer

    >> scion101
    >>
    >>People go to the showers to SHOWER. Not stare lewdly at people. Why is it always shower scenarios with you people? >>Self-restraint and modesty isn't an alien concept to gays.

    OK, so let's abolish gender separated barracks then. I mean, if all they do is sleep in their beds, and shower to get clean, there's no good reason to continue separate living arrangements.

    You can fill in the rest of the blanks.

    October 12, 2010 at 4:03 pm | Report abuse |
    • Grafixer

      Yep. Fear of showering with gays? I think it is probably more like... fear of showing one's shortcomings.

      October 12, 2010 at 4:14 pm | Report abuse |
    • Nick

      Very well said!

      October 12, 2010 at 4:47 pm | Report abuse |
  11. Kyle

    1) DADT is not a law established by Congress...it was established by an executive order by then President Bill Clinton (Defense Directive 1304.26). Oddly enough, another excutive order from the President could abolish DADT and make it permissible for gay service members to servce openly...so why hasn't he done that already?

    2) Articles I and II of the Consitution give powers over the military to the President and Congress...with most of that power laying with the President. None, what so ever, with the Judicial branch. Read it. Fact.

    3) The Courts have, on several occassions, given deference to the military, with perhaps the best statement from 1981 in Rostker v. Goldberg the Supreme court, with refernece to the military, wrote that they foud it "difficult to conceive of an area of governmental activity in which the courts have less competence. The complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments, subject always to civilian control of the Legislative and Executive branches.”

    To say that the Courts can rule on military rules and regulations is, at best, questionable.

    October 12, 2010 at 4:04 pm | Report abuse |
    • BR

      And if we were commenting on a strictly 'military' rule or regulation, you'd be right. The military didn't come up with DADT...the federal government did.

      October 12, 2010 at 4:26 pm | Report abuse |
    • Go to the back school!

      I can conceive 2 areas of governent activity where the courts lack competency: legislative powers and executive powers. The will of the people and its elected representatives direct ALL powers. If all else fails: impeachment and civil disobedience(rare) works everytime!

      October 13, 2010 at 6:10 pm | Report abuse |
  12. Andrew Messenger

    So Federal Judges are running our Military program now? THAT makes a lot of sense.
    Why doesn't she just order the troops out of Afghanistan when she feels like it?
    Democracy out: Chaos rules. Self-appointed dictators can randomly tell our national troops how to do their business.

    October 12, 2010 at 4:04 pm | Report abuse |
  13. JOHN

    KNOWLEGE MASTER:

    You are absolutely completely wrong about the court not having the authority to change military law. Thats not my opinion. It's factual.
    The court has and will change don't ask don't tell. They just did. Today.

    October 12, 2010 at 4:04 pm | Report abuse |
  14. JRH

    ABOUT TIME! There have been gays & lesbians in the military as long as there's been a military. Let's grow up and stop drumming them out just because of whom they sleep with. Reminds me of the Salem witch trials...

    October 12, 2010 at 4:05 pm | Report abuse |
  15. dwayne

    USMC Vietnam Veteran – Good Decision Judge.

    October 12, 2010 at 4:05 pm | Report abuse |
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