The Advocate is reporting that U.S. district Judge Virginia A. Phillips has ordered the Department of Defense to “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding” related to “Don’t Ask, Don’t Tell.”
AmericaBlog‘s John Aravosis adds, “This is huge. You want to know how to vote in three weeks? Just watch what President Obama does in response to today’s order by a federal judge to immediately cease all “Don’t Ask, Don’t Tell” discharges immediately.”
“What’s interesting about that is that the Prop 8 judge did not make his ruling overturning Prop 8 effective immediately. He gave the bad guys time to appeal. In this case, the judge heard the government’s arguments, and said no, I’m going to make this decision apply effective immediately. It’s a big rebuke to the government’s position.
“The President, who is himself a constitutional scholar, has been handed the golden opportunity to end DADT once and for all. A federal judge has now ruled that the gay ban is unconstitutional, and he has ordered the federal government to stop the discharges immediately. The President now has the power – given to him by a federal judge – to do the right thing, to do what he promised, to side with the civil rights community. All he has to do is not appeal, and DADT is over.
“It’s a no-brainer. Even for this administration that is loathe to do anything bold, loathe to be seen as responsible for anything even slightly “controversial.” Well, now they have their out. It’s the judge’s fault. President Obama can simply choose not to appeal the case, to respect the judge’s decision, and DADT is over. It’s history.”
IS it history? Will Obama risk looking “weak” to the GOP, just three weeks before a midterm election seen as by some as a referendum on his presidency?
Pam Spaulding asks, “So what’s it going to be, Mr. President, Mr. Commander-in-Chief? Is the gay community’s equality a political football on this issue or is removing a policy banning gays and lesbians from serving in the military going to happen on your watch, on your authority now?”
Justin Elzie, the first Marine to come out and be discharged under “Don’t Ask, Don’t Tell,” adds, “Okay, now lets see if Obama, who has refused to do a “Stop Loss” up until now, even though he could, finally lives up to his rhetoric and doesn’t appeal this one.”
He continues with,
“If he does appeal then some people like Joe Solmonese, head of HRC, have some explaining to do for his statement a couple of days ago, (referring to the president and presidential adviser Valarie Jarrett said,) ‘She and President Obama both care deeply about equality and are strong supporters of those of us fighting for LGBT rights.'”
“This would of course continue to fly in the face of the President’s contrary actions on DADT. How can the President on one hand be a strong supporter of our rights and yet appeal a judge’s decision finding DADT unconstitutional? How can the President on one hand be a strong supporter of our rights and yet continue to fire LGBT Servicemembers?”
Stay tuned!