DADT Ruled Unconstitutional: Don’t Ask Don’t Tell is Told Not To Ask, We’re Told

Did you know that the Log Cabin Republicans were taking DADT to court? Because, uh, we didn’t. Like at all. BUT it turns out they were, and they won! HIGH FIVES ALL AROUND. WHY DID NO ONE TELL US SOONER. Today in Riverside, California US District Court judge Virginia A. Phillips ruled that DADT is unconstitutional, violating the first and fifth amendments, and that the government is hereby barred from enforcing it. In her ruling, Phillips said that instead of improving military readiness, the rule actually has a “detrimental and deleterious effect” on the armed forces. The suit was originally brought by the Log Cabin Republicans of Southern California, and was defended in court by the Department of Justice for the last two weeks. While the military won’t be able to make any more discharges for right now, the Department of Justice does have the option to appeal the decision, which they will most likely take advantage of, despite Obama’s repeated support of a DADT repeal. (@americablog) (@latimes)

You can read the entire decision here:

Decision finding DADT is unconstitutional.

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Rachel is Autostraddle's Senior Editor and the editor who presides over books and news & politics coverage. Originally from Boston, MA, Rachel now lives in the Midwest. Topics dear to her heart include bisexuality, The X-Files and tacos. Her favorite Ciara video is probably "Ride," but if you're only going to watch one, she recommends "Like A Boy."

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49 Comments

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    I’m gonna put what I wrote on TRMS blog on here because I have feelings…and copy paste is my friend:

    -I hate that the DOJ will almost certainly appeal this decision. This kind of ruling is something that many have said is what needs to happen. It makes sense that if the White House acknowledges that the DADT policy should be repealed, they should stop enforcing it so that the military loses no more important members of the service. This judge has paved a road for this to be done.

    I can’t see why it should be appealed logically, except for fears of conservative backlash. We are still allowing for the survey (which is another issue I won’t get into here), so what is wrong with suspending the discharge of soldiers who have done nothing to deserve being fired by the country and government they serve so bravely?

    Still, I am so happy for this decision, it certainly is progress and it is great that it was a case brought up by Republicans. Maybe that will show to many that this issue is non-partisan. Sen. McCain, I’m talkin’ to you.-

    …Also, I’m going to add that it’s about effing time and I’m so happy that people seem to be getting the picture. Now where’s Obama in this???

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    Woo-hoo!!!

    Maybe this means I can get my appointment to West Point back after being unceremoniously forced to voluntarily resign six years ago. Not that it matters, really, because I’m over the maximum age now.

    My hopes? They’re not up. But I can dream.

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    About time! Very proud of my Log Cabin peeps in Cali. I’ll celebrate for about five minutes then come back down to reality..more legal maneuvering..crap about whether the courts can interfere in military policy..White House being all wishy-washy..but for 5 minutes I feel a little more equal.

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      Earlier this year, I attended a seminar lead by military law type folks regarding the repeal of DADT and the plans to review the policy. According to those who follow these things, this was one of the primary issues that needed to be resolved — it’s one thing to stop forcing people out of the military, but what about the people who have already been pushed out? Hopefully the eventual repeal will have some consideration for those who have already been discharged.

      Sorry to hear this. Best of luck with whatever life may bring you next.

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    How awesome is it that on the same day of this ruling I went out on my first gay date? And I ship out for basic training in a few months?

    It’s very awesome. I’m having lots of good feelings so I’m gonna celebrate with ice cream for breakfast. :)

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    I knew. I’m the Omnipresent Gay Internet Know It All. But seriously, I follow gay politics in a way that may be considered masochistic.

    I really think the DOJ should put up a weak defense they can get away with. Not to let Obama off the hook, but a judicial ruling would…let him off the hook politically.

    Log Cabin Republicans are, like Meghan McCain and Andrew Sullivan, moderate conservatives.

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    When I graduated from high school I went to enlist for the Marines without knowing too much about DADT. I promised myself I wouldn’t enlist until it was repealed. It looks like that might actually happen now

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    I just called my senator a couple of minutes ago. I love how Lady Gaga is using her fame to do awesome things like this.

    I feel fairly worried as I’m currently in an awfully conservative state. Am I the only one asking to repeal this? Should I have presented an argument instead of saying, “Hello, [words], please vote with Sen. Reid and Sen. Carl Levin to repeal Don’t Ask Don’t Tell. Thank you.” My opportunity is gone. WAIT WAIT SHOULD I CALL AGAIN? If I call enough times, do you think I could talk to the senator?

    Well, the little “names-do-this-bye-” thing is what these Colorado students did in this Youtube video. They even got a reply: http://www.youtube.com/watch?v=jsz0LPqPrwA&feature=PlayList&p=5C1FB2CF520CE6A3&index=4. All I can do is hope my senator is half that cool.

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