Full text of U.S. District Court 'Don't Ask, Don't Tell' injunction

U.S. District Judge Virginia A. Phillips, Central District California, ruled today that "the act known as "Don't Ask, Don't Tell" infringes the undamental rights of United States servicemembers and prospective servicemembers" and issued a permanent injunction against the United States of America and the Secretary of Defense enjoining them from "enforcing or applying the 'Don't Ask, Don't Tell Act,'" ordering suspension and discontinuation of "any investigation, or discharge, separation, or other proceeding" that may have been commenced under the 'Don't Ask, Don't Tell' Act" and granting the Log Cabin Republicans request, as plaintiff to file a motion for costs of suit.

Here's the full text of Phillips' ruling:

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD :

This action was tried by Judge Virginia A. Phillips without a jury on July 13-16 and 20-23, 2010.  The Court filed a Memorandum Opinion on September 9, 2010 (Doc. 232), and an Amended & Final Memorandum Opinion, and Findings of Fact and Conclusions of Law, on October 8, 2010. For all the reasons set forth therein, the Court:

(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  rievances 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.

IT IS SO ORDERED.

VIRGINIA A. PHILLIPS, United States District Judge

So, is Don't Ask, Don't Tell officially dead? That's on President Obama, and it puts him in a tough spot: He supports a repeal of the policy but has said all along that he believes it is a matter for Congress to sort out. If he does not appeal the ruling, the Clinton-era discrimination policy will be a done deal. If he chooses to appeal, the policy could remain in place for years while appellate judges consider the case. Either way, expect to hear a lot about this decision this week and in the run up to the November elections.

Via WashingtonPost.com:

To overturn the injunction, government lawyers would have to appeal to the 9th Circuit Court of Appeals and ask that the current policy be allowed to continue while the appellate judges consider the case.

The Pentagon plans to review the case and consult with the Justice Department, according to senior military officials. The Justice Department had no immediate comment, but the Obama administration is expected to appeal the decision.