It's beyond me why Obama doesn't just sign an executive order.
Judge orders global ban on 'don't ask'By Josh Gerstein
A federal judge has ordered a worldwide halt to enforcement of the Defense Department's "don't ask, don't tell" policy regarding gays in the military.
U.S. District Court Judge Virginia Phillips issued the injunction Tuesday after finding last month that the policy -- made law by Congress in 1993 -- violates the constitutional rights of service members. She acted on a lawsuit brought by the Log Cabin Republicans, a gay political coalition.
The Justice Department had urged Phillips, who sits in Riverside, Calif., to limit any relief to members of the Log Cabin group or to the named plaintiffs. Her order, however, applies to all U.S. military operations around the globe.
The White House and Pentagon had no immediate reaction to the order, which took effect at the time it was issued.
If the Justice Department continues its present policy of defending the "don't ask" statute despite President Barack Obama's call for its repeal, an appeal is likely -- a move that would likely anger gay rights activists who have pressed for an end to the policy. A confrontation with a strongly Democratic constituency a few weeks before crucial midterm elections cannot be welcome news for the White House.
At the daily press briefing, White House Press Secretary Robert Gibbs would not comment specifically on the injunction but said Obama is committed to dismantling the ban on gays in the military. "The president will continue to work as hard as he can to change the law that he believes is fundamentally unfair," Gibbs said.
At the same time, advocates cheered the judge's action -- and her decision to reject the government's call for a more limited order.
"A world-wide injunction was the only reasonable solution," said Christian Berle, acting executive director of Log Cabin Republicans. "This decision is ... a victory for all who support a strong national defense. No longer will our military be compelled to discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination."
At least one gay rights group suggested a higher court will likely put Phillips's ruling on ice.
"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said Alexander Nicholson, Executive Director of Servicemembers United and a plaintiff in the case. "While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-overdue decision to remain in effect."
The White House has said the Justice Department is defending the law because of a long-standing policy defending Congressional enactments -- even if the current administration may disagree. However, gay activists have pointed to instances where the Justice Department has declined to defend laws that might not pass constitutional muster.
On the other side of the debate, conservative Republicans in Congress have accused the White House of mounting a less-than-vigorous defense of the "don't ask." The GOP is expected to loudly object if the administration decides not to block Phillips's order and overturn her ruling that "don't ask" violates the First Amendment and due process rights of military members
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