Judge Orders Immediate End To DADT Discharges

California – U.S. district judge Virginia A. Phillips orders the Defense Department to ‘immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding. Here’s the text of the order:

1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates  (a) the substantive due process rights
guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress
of grievances guaranteed by the First Amendment to the United States
Constitution.

(2) PERMANENTLY ENJOINS Defendants United States of America
and the Secretary of Defense, their agents, servants, officers, employees,
and attorneys, and all persons acting in participation or concert with them or
under their direction or command, from enforcing or applying the “Don’t Ask,
Don’t Tell” Act and implementing regulations, against any person under their
jurisdiction or command;

(3) ORDERS Defendants United States of America and the Secretary of
Defense 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” Act, or pursuant to 10 U.S.C. § 654 or its
implementing regulations, on or prior to the date of this Judgment.

(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for
attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412; and

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion
for costs of suit, to the extent allowed by law.

   The injunction becomes effective immediately, although Justice Department attorneys have previously objected in court and may appeal Phillips's ruling to the U.S. court of appeals for the ninth circuit. In September attorneys argued that an injunction against "don't ask, don't tell" would preclude the government from litigating other legal challenges to DADT as well as prevent it from considering the terms of a stay banning discharges of gay soldiers.

   Judge Phillips was born in Orange, California. She received a B.A. from the University of California, Riverside in 1979 and a J.D. from the University of California, Berkeley, Boalt Hall School of Law in 1982. She was in private practice in Riverside, California from 1982 to 1991. She was a Commissioner for the Riverside County Superior Court from 1991 to 1995.
In 1995, Phillips became a United States magistrate judge for the Central District of California. On January 26, 1999, Phillips was nominated by President Bill Clinton to be a district judge for the Central District, a seat vacated by William M. Byrne, Jr. She was confirmed by the United States Senate on November 10, 1999, and received her commission on November 15, 1999. 

-end-