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. Ronald Raygun

    here in America you are equal unless you are black, mexican, jewish, asian, eastern indian, native american, muslim, gay, think for yourself, fat, ugly, poor. but if you just conform to old white america, you might get a pass.

    October 12, 2010 at 3:32 pm | Report abuse |
    • Mary

      Here in the US everyone is equal and judged by their character. Race, religion, size, etc. doesn't matter except to those of you who want to use it to splinter us into thousands of little tribes all working against each other. The problem of 'inequality' is all in your head. Go out and do something useful instead of demanding everyone kowtow to you and your prejudices.

      October 12, 2010 at 3:49 pm | Report abuse |
    • jdoggers

      You are right, except for the "can't think for yourself" part. The truth is that this country was founded by white people, and every single person who signed the declaration of independence was white.

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

    So what does this have to do with the economy and creating jobs?

    We need to move on to the important issues besides where you put your woo-hoo!

    October 12, 2010 at 3:32 pm | Report abuse |
    • Dogen

      If we stopped regulating the relationships between people's woo-hoos, maybe we could focus on those other things. Then again, I don't think a federal judge is going to fix the economy, so maybe they're unrelated.

      October 12, 2010 at 3:45 pm | Report abuse |
    • Alex

      It's not a matter of where someone puts their stuff, it's a matter of civil rights-guess those aren't one of your top priorities? Must be nice.

      October 12, 2010 at 3:57 pm | Report abuse |
  3. YAOMK

    This is a civil matter and pertinent to civil law. The Judge is doing exactly what she is supposed to do.
    Judicial activism is a word with no weight, if that claim had any validity, you would defend it in court, but you can't and thus you fail to achieve anything other than vent your prejudice and well progress with the rest of us at your own pace.

    October 12, 2010 at 3:32 pm | Report abuse |
    • Robert

      The Judge can rule however she likes. She has no authority to enforce it.

      October 12, 2010 at 6:08 pm | Report abuse |
  4. bailoutsos

    I for one am tired of all the gays that have died in wars for America. I only want my rights to be defended by hetros. How about the rest of you, only send hetros to war?

    October 12, 2010 at 3:33 pm | Report abuse |
    • Bob

      I agree

      October 12, 2010 at 3:47 pm | Report abuse |
    • Lindsay

      Personally, if anyone is disposable, it's the bigots. The world would be better without them.

      October 12, 2010 at 3:57 pm | Report abuse |
  5. Marco

    "This what happens with activists judges on the bench."

    Good things, apparently...

    "Judicial activism" seems to be a term used for rulings people don't like. Quit your whining.

    October 12, 2010 at 3:33 pm | Report abuse |
  6. FRED

    Just to clarify-my comment was not against the miltary. It is against CNN having a breaking news story on whether someone is gay and in the miltary. Once again. WHO CARES???!!!

    October 12, 2010 at 3:34 pm | Report abuse |
    • NOLA

      It doesn't matter to you, so therefore it doesn't matter? How is the view up there so far up your own ass?

      October 12, 2010 at 3:47 pm | Report abuse |
    • America is slowly burning

      Fred – You are 100% correct – watch the other hand – Economy and Administration in jeopardy and softballs coming from left field to divert "dumbed down propagandized Americans" I agree with you but CNN would not be my choice of "News"

      October 12, 2010 at 5:12 pm | Report abuse |
  7. James

    This judge has no morals, if I were the military I would say screw you and continue the policy

    October 12, 2010 at 3:34 pm | Report abuse |
    • John

      Please. DADT is a blatently immoral law, and not just because it punishes integrity.

      October 12, 2010 at 3:39 pm | Report abuse |
    • Douglas Democrat

      DADT is a civilian policy (passed by Congress, signed by the President), therefore the judge absolutely has the authority to issue an injunction, and to hold in contempt of court any military official up to and including the President of the United States who refuses to obey it.

      October 12, 2010 at 3:41 pm | Report abuse |
    • Kyle

      Actually, 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.

      October 12, 2010 at 3:52 pm | Report abuse |
  8. Michael in Houston

    ....great, now we can throw Skittles at them while driving a pink Ford Escort all the while screaming – "Taste the rainbow!"

    October 12, 2010 at 3:35 pm | Report abuse |
  9. Brian K.

    DADT was a bill passed by congress, therefore Federal justices have jurisdiction to rule on it. What is surprising here is it was thought that the justice in question was not going to rule this way, and instead allow the government to take care of this quietly. I can't say I disagree with the ruling, but I'm not sure if the DoJ will appeal or not. They may just let the ruling stand and call it a day.

    October 12, 2010 at 3:35 pm | Report abuse |
    • Ex-cuuuuse me!

      Anybody can roll over if they WANT to, it is another issue if they HAVE to. If Obama want to rescind an order he doesn't need to hide behind a bogus feigning powers no federal judge has. The judicial system isn't a trump card over the legislative power or excuetive power. atty fees before a bogus judge makes the 4th power...please!

      October 13, 2010 at 2:47 am | Report abuse |
  10. Joe Doakes

    When did we elect a federal judge to be commander in chief of the us military?

    October 12, 2010 at 3:35 pm | Report abuse |
    • Alex

      Learn how the government works first, then comment.

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

      "Elect a federal judge", are you serious?

      October 12, 2010 at 5:00 pm | Report abuse |
    • Ex-cuuuuse me!

      Alex she has no say.

      October 13, 2010 at 2:51 am | Report abuse |
  11. wildman

    Can she order the military to stop making me cut my hair? Oh yeah I want to grow a goatie too. By the way have her order them to stop deploying me. What a joke!

    October 12, 2010 at 3:35 pm | Report abuse |
  12. Frank

    If you pass boot camp, pass your schooling, and shoot straight. Who cares?

    October 12, 2010 at 3:35 pm | Report abuse |
  13. Jester

    Not saying that DADT is right, but since when does a civilian judge have any authority over the Armed Services?

    October 12, 2010 at 3:35 pm | Report abuse |
    • Chris

      I guess you forgot the part where the military is part of the federal government and is subject to the jurisdiction of said government.

      October 12, 2010 at 3:56 pm | Report abuse |
  14. JakeH

    Not sure if she has the authority, but I hope this moronic law dies sooner rather than later anyway.

    October 12, 2010 at 3:36 pm | Report abuse |
    • occono

      The case was against a policy enacted by Congress, the jurisdiction is to Civil Courts, not Military. I find it sad so few people here, even anti-DADT commentators, understand this đŸ˜¦

      October 12, 2010 at 3:38 pm | Report abuse |
  15. Rylee

    Who cares whether someone is gay or not and serving? ARE YOU SERVING? These HUMANS are putting their lives on the line for OUR freedom. A person should not have to HIDE who they are. Isn't that what freedom is?? I am so happy to hear this news!!

    October 12, 2010 at 3:36 pm | Report abuse |
    • et


      October 12, 2010 at 3:39 pm | Report abuse |
    • natalie

      amen sista!

      October 12, 2010 at 3:40 pm | Report abuse |
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