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. Ric

    A federal judge can rant all day, and say many things, but the military does not have to obey.

    October 12, 2010 at 4:44 pm | Report abuse |
  2. Mohammad Ali, the first gay leader

    Everyone who supports Gays in the military openly serving clearly had not served in the trenches. The military needs cohesion and openly gay people will damage that significantly. They will also be killed first, so good luck idiots. I have no problem with gays in the military, but they don't need to flaunt it. I also agree that if its uncovered they're gay, then they should not be kicked out but flamboyant gays should not be permitted.

    October 12, 2010 at 4:45 pm | Report abuse |
  3. Curious Straight

    Scenario One:
    Three straight soldiers are teasing a soldier about being gay. Gay soldier reports incident. Final findings...Hate Speech
    A "civil" trial ensues. These three soldiers are ordered to pay millions.

    Scenario Two:
    One gay soldier teases a straight soldier about not wanting to try something "different". Straight soldier reports incident. Final findings...Straight soldier told he not being tolerant. Any "civil" action is struck down for the same reason, "Being Tolerant"

    So you tell me, "Will any branch of the military benefit by repealing this policy"

    October 12, 2010 at 4:45 pm | Report abuse |
    • Sim

      Curious Straight – that second scenario is bogus. I'm sure if any soldier stepped out of bounds with his/her behavior that they would be held accountable.

      October 20, 2010 at 4:34 pm | Report abuse |
    • Michael

      Absolutely spot on!!!

      October 29, 2010 at 3:48 am | Report abuse |
  4. Monthi

    I served as an Infantryman in a Cavalry unit. I suspected a couple people I knew were gay but it was none of my damn business to pry into their private affairs. I personally wouldn't care if I my battle was gay or not, but I can't speak for everyone in the military. I suspect that there will be a lot of EO complaints about gay jokes if DADT was repealed, but then again the military already makes provisions in regards of harassment of women and minorities so the infrastructure for dealing with any new types of harassment is already in place.

    October 12, 2010 at 4:47 pm | Report abuse |
  5. RustyG

    "The main reason this issue is arising is simple. President Obama failed to follow through on his campaign promise. Since he did not follow through, it is up to the gay community who helped elect The President to do it for him through the courts.

    The democrats know they will likely lose in the November elections. This may be the last chance to get this through in a generation. They had to do something. So they went, predictably, to a radical judge to legislate from the bench.

    However, this legislation from the bench will have to go to the Supreme Court. It will take another few years to play itself out. The court will likely remain as it is now, and split a 5 – 4 decision with 3 opinions written. Justice Kennedy will write one, Justice Thomas or Scalia will write another, and there will be one written by the minority in dissent.

    If DADT is ever going to change, it will require actual LEGISLATION from the CONGRESS of the United States. Both Houses have to pass the same bill with the President’s signature at the end. The likelihood of that happening is slim to none. This President, as other Presidents before, failed to deliver on a promise to a minority of voters because he had other, more pressing things to do: regulate two wars, try to fix a failing economy, and passing universal health care. The Founding Fathers purposely created a system that makes radical change almost impossible. This forces compromise and causes the tides to change slowly. That is the system, and DADT is the compromise.

    Gay men and women in the armed forces, do not hold your breath.

    The rest of us, put away your banners and pray that gays within the military continue to act in accordance with DADT for the sake of their careers. This one is far from over.

    October 12, 2010 at 4:48 pm | Report abuse |
    • Let's be clear

      You gay vote is not even a dent or a bump in the election outcome. And even among your kind: white, red, yellow, black, purple, or polka-dot your presence is reduced to a miniscule if that much. Your life style is a choice, deviant, and immoral. The people protest that choice and all its parameters. You are a small tiny voice crying from the dark, dungeon of hell you choose to live. Stop trying to tear down society because it refuses to partake in you acts of despair. Consider the NO's to your LGBT agenda an act of charity: preventing you from self-destructing!

      October 13, 2010 at 7:00 pm | Report abuse |
  6. denise

    Thank God! About time! Should have happened YEARS ago!!!

    October 12, 2010 at 4:48 pm | Report abuse |
  7. Crixus

    First of all, I support gays serving openly in the military.

    With that said, I do have a problem with a judge (from CA no less) overstepping her bounds only because she feels the issue SHOULD be a national issue, which is the way the left thinks.

    For those of you (and there really is only a few you trolls in here) who keep attacking republicans as bigots, let me educate you about our history. It was the democrats that were anti-gay, anti-irish, and anti-black. Just because your modern day democrats have talking points for you sheep to follow doesn't make it truth. Democrats have a history of changing history to support their own agenday, an agenda that isn't for the people. Republicans protected minorities, in it's own modern day way.

    March 20, 1854 Opponents of Democrats’ pro-slavery policies meet in Ripon, Wisconsin to establish the Republican Party

    May 30, 1854 Democrat President Franklin Pierce signs Democrats’ Kansas-Nebraska Act, expanding slavery into U.S. territories; opponents unite to form the Republican Party

    Learn your history. You liberals are full of "Education" that is wrong! Stop spreading the lies and get a job you trolls.

    October 12, 2010 at 4:51 pm | Report abuse |
  8. dwayne

    Finally god throws us out a Miracle

    October 12, 2010 at 4:51 pm | Report abuse |
  9. jdoggers

    This will solve the issue. Gays will allowed to be able to serve when straight soldiers are allowed to shower with women. Until then, gays aren't allowed.

    October 12, 2010 at 4:52 pm | Report abuse |
  10. Julie

    Well god bless Judge Phillips for being not only a voice of sanity, but a person of power willing to do the right thing in this crazyhead mess. We should be grateful that anyone wants to serve in the military, and gays often bring special skills in linguistic and high tech areas of expertise that are sorely needed. "Don't ask don't tell" may have started out with benign intentions, but it has become an abusive weapon to be used against people for reasons that are no one elses' business. "Don't ask don't tell" has become a shame to the intelligence of this nation.

    October 12, 2010 at 4:53 pm | Report abuse |
    • Contrary to Priestess Julie....

      It is my prayer that heaven's lightening bolt strikes Judge Phillip's gavel for refusing to welcome statutes that reflect the Judeo-Christain God and His principles. May the Lord God rebuke her and her office!

      October 13, 2010 at 7:29 pm | Report abuse |
  11. Eric.S

    Oh Jack – you made my job of showing what an idiot you are so easy...thank you

    October 12, 2010 at 4:53 pm | Report abuse |
  12. bob2561

    so rarrr, you're saying anyone who disagrees with is an idiot? nice job.

    October 12, 2010 at 4:56 pm | Report abuse |
    • rarrr

      No, Bob, maybe not everyone who disagrees with the repealing of DADT is an idiot... just the ones on this board are. Check out your post, for instance. You couldn't seem to formulate a logical, grammatically correct sentence either.

      October 12, 2010 at 5:29 pm | Report abuse |
  13. Mark W

    testing, other comments missing

    October 12, 2010 at 4:57 pm | Report abuse |
  14. CassieG

    There are gay people willing to give their LIFE for this country and for our freedoms, and you cannot give them tolerance in return? The United States was not founded on religious beliefs, and it should not be dictated by them. Sadly, some people's misunderstanding of the bible has affected the civil rights of American citizens. This judge's ruling is wonderful news, and I hope the White House agrees and takes action to make sure it is upheld.

    October 12, 2010 at 4:58 pm | Report abuse |
  15. Former MP

    KAPA: Serving in the military is a right AND a privilege. If you are a US citizen, you have the right to serve and should be able to, regardless if you’re gay or straight. I think it’s interesting that you compare ‘gays’ to convicted felons, the severely disabled, mentally disadvantaged and those who do not graduate high school. Also, I’ll give you some advice; do your research. A Federal Judge has every right to issue a ruling on behalf of the government/military. I bet you haven’t even served in the military. Yet, you exploit the freedoms and liberties that gay and straight soldiers give their lives for to preserve and protect. It’s evident you are a small-minded bigot.

    October 12, 2010 at 4:59 pm | Report abuse |
    • Michael

      Is there a more tired attempt to hurt others than "you are a small-minded bigot". YAWN.

      October 29, 2010 at 3:53 am | Report abuse |
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