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. TC

    Ok well gay or not it shouldnt matter what matters is if you look back in the old testiment where God destroyed two Cities because Men with Men and Women with Woman was agianst him...... I personally think todays society will be the down fall of this world.

    October 12, 2010 at 4:28 pm | Report abuse |
  2. Wayne

    As a 24-year vet I'll submit that this female federal judge cannot possibly understand the social dynamic in a close unit that shares danger. Nor does she seem to understand that service in the Armed Forces is not about the individual and his/her feelings. It's about subordinating yourself and your rights for the greater good. Gays have and will serve honorably under the current arrangement. It works just fine. Some parts of our culture simply don't need to bend over backwards to accomodate every social whim.

    October 12, 2010 at 4:29 pm | Report abuse |
  3. Seth

    Shouldn't straight men in the military have the option for straight showers just as women in the military have their own showers?

    October 12, 2010 at 4:30 pm | Report abuse |
  4. Richard

    The article states that an "appeal is anticipated". Why is the government wasting its time appealing this policy? Not only is it a waste of resources which could be devoted to other more important issues, it is a waste of the court's time and resources. Let the time to appeal pass and move on to something else!

    October 12, 2010 at 4:30 pm | Report abuse |
  5. Seth

    Shouldn't straight men in the military have a right to separete showers just as women in the military have their own showers?

    October 12, 2010 at 4:31 pm | Report abuse |
    • AL

      Makes perfect sense to me.

      October 12, 2010 at 4:33 pm | Report abuse |
    • jdoggers

      You are exactly right. However, that requires gays to actually admit who they are. What is going to stop the sick gay people from pretending they are straight just to gain access to the "straight" shower room in order to see the other soldiers privates? Talk about a reason to have friendly fire fratricide.

      October 12, 2010 at 4:49 pm | Report abuse |
  6. DK

    I am happy to hear of this ruling and I pose a question to all these military folks who fear shower scenes and lewd behavior..... This ruling is about the right to serve openly. Clearly many gay and lesbian women currently serve, but in the closet. Can you imagine going off to war and losing the ability to talk to your wife? See them via skype? Exchange "I love you's"? Can you imagine fearing that just because you love someone 4000 miles away you might lose your job? I think it's very sad that the power, ability, and potential of so many gays is boiled down to idea of where their eyes might go during shower time.

    October 12, 2010 at 4:32 pm | Report abuse |
    • Jake

      I agree DK

      America really has to grow up! They say they are the power nation, but let me tell ya, they are years behind everyone else when it comes to its people. There are soooooooooooo many ignorant people in america and its time people change. The only time they change is when something terrible happens. God i love CANADA

      October 13, 2010 at 10:17 pm | Report abuse |
    • Woman Vet

      Eyes in the shower are not what bother military members. If you had served I think you would've realize that almost all privacy is taken away from you in the military. It is not about being seen naked, believe me. I think the policy was good for the simple fact that it wasn't an issue at work. Everyone knows gays and lesbians serve in the military. What I don't like is the fact that it has to be brought up constantly. I'm not asked if I'm straight and if I was asked at work in uniform I would say this is not the place to discuss that. Keep business business and personal personal. You are there to work – not flirt.

      November 4, 2010 at 1:18 pm | Report abuse |
  7. Mark

    Destroy our military it will!! After everything i have done in the service, if gays are allowed to serve OPENLY, I am out PERIOD. Because now you are infringing on MY rights! I don't HAVE to be around or accept something so disgusting or change what I believe! This is going to cost Billions, and completely change the face, unit cohesion, and mission accomplishment of our military. This change would not be for the best. They already serve, they get the treament they deserve. But we don't need flamboyancy. This is outrageous!!

    October 12, 2010 at 4:32 pm | Report abuse |
    • Jake


      I dont get you. You mean because of this law and allowing gays to be part of the army you are going to quit? HELLO!!!! there are thousands of gay army men around you already!!!

      October 13, 2010 at 10:10 pm | Report abuse |
  8. Ron

    I love all the moaning and groaning about liberals lately.

    Every progressive social change in this country was led by liberals such as women's rights, Social Security; Medicare; Peace Corps; unemployment insurance; civil rights; student loan programs; safety laws; environmental protection (do you like parks? thank a liberal); right to collective bargaining (which brought about paid medical insurance, paid vacations, pensions, etc.); workers' compensation; flood-disaster insurance; School Lunch Program and it goes on and on.

    He spoke of the Fair Labor Standards Act, which established a minimum wage

    October 12, 2010 at 4:32 pm | Report abuse |
    • USMC Ret.

      Your right on all counts accept for parks. Theodore Roosevelt
      started national parks. He was a republican, but who's to say
      he didn't have liberal ideals too. He did later on run as a
      progressive, but lost to Woodrow Wilson.

      October 14, 2010 at 9:21 am | Report abuse |
  9. J H

    Having served over 20 years in the military I can say I don't really think anyone cares on the day we're called up for duty.

    But...people do care during training when there is time to think about other things than being shot.

    Why? Because gays are not fully accepted in mainstream society yet. Much farther along than when I first went in but still not there yet.

    I personally believe anyone should be able to serve and I salute everyone who has. But I also do not want anyone to die due to lack of training because they were more worried about being next to someone who was gay and didn't receive the best training possible…even if it was due to their own silly beliefs.

    Right or wrong training will suffer when any form of discrimination is present. Do we really want our military to battle this or the enemy? Let the civilian society fully accept gays it first then the military can follow.

    The military bond that members have is such a strong bond and has made us the best in the world. Anything that can cause even the slightest crack in it is bad for us all.

    October 12, 2010 at 4:33 pm | Report abuse |
    • Chris

      Did you feel this way when women began to serve?

      October 29, 2010 at 7:35 pm | Report abuse |
  10. Rarrrr

    Hey, all you guys who hate gays... why not move to Iran, Saudi Arabia, North Korea, or some other dictatorship that shares your hatred of gays and democracy?

    October 12, 2010 at 4:33 pm | Report abuse |
  11. Smack

    While I am glad to see the country moving in the direction of accepting our gay/lesbian service-members, I am not sure that this ruling will escape further judicial scrutiny. The military serves under the president and it has its own tribunal system. As such, a civilian court cannot rule over matters of internal executive policy concerning the military for protection of the concept of separation of powers. As such, an appellate court will likely rule that the judge did not have jurisdiction to hear the case and moot the judgment.

    October 12, 2010 at 4:36 pm | Report abuse |
  12. BunchOfIdiots

    The whole point of DADT is to protect the miltary from being another place for lawsuits to pop up regarding "gay bashing". Now when someone from the milatry gets punished for derelection (sp?) of duty the person will say they were singled out bc they were gay and the miltiary will get sued. You will now see this coming to light very quickly, and a large portion of the military budget going towards lawers to protect our milltary personelle from frivalous lawsuits.

    Where is this money going to come from? The guns and bullets and planes and tanks and everything else we need to protect ourselves from terrorists.

    October 12, 2010 at 4:38 pm | Report abuse |
  13. Chris G

    Jdoggers you are cracking me up. YOU ROCK!!! lol

    October 12, 2010 at 4:41 pm | Report abuse |
  14. Chris Atlier

    This is such a great day for the US Supreme Court to finally settle such an absurd practice in our country. DADT violated countless civil rights and resulted in how many missions and objectives that could have benefited our National Defense. Thank God we have advocates like LT Choi. I saw his coming out story on this site "ourscenetv.com"


    I really hope this only opens up more ppl's minds about LGBT rights in America

    October 12, 2010 at 4:42 pm | Report abuse |
  15. wamerican

    This judge is not a dictator. We do not live in a coutry where the black robes can dictate to the rest of us. The issue here is good order and discipline in the military, not disorder in a combat situation. Gays can join the police force or peace corps and serve thier country. Most military members find the gay life style abhorant and do not want practicing gays sleeping in tents and barracks with them. This will result in a less efficient and more dangerous military enviornment for our soldiers. It will also make it harder to recruit for the all volunteer force.

    October 12, 2010 at 4:43 pm | Report abuse |
    • Mark

      No where in my contract did it say I have to accept this disgusting, abhorent behavior or life style! NO WHERE AT ALL! The government may want to consider a lot of early retirements, and a lot of experience gone, out the window!

      October 12, 2010 at 5:57 pm | Report abuse |
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