Federal Judge in California has ruled that the ban on gays in the military violates the Constitutional rights of gay and lesbian soldiers to due process and to freedom of expression. District Court Judge Virginia Phillips — a Clinton appointee — also wrote that the policy has had a “deleterious effect” on the military and issued an injunction restraining the military from enforcing the policy, though the government may appeal. The Log Cabin Republicans filed the lawsuit against Defense Secretary Robert Gates, and Phillips cited in her ruling the Obama administration’s desultory defense.”[D]efendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the act,” she wrote.
ii.) It’s about damn time. Only sixteen countries in the world still disqualify open gays from military service; we have left the illustrious company as Cuba, Syria, Venezuela, Iran, Saudi Arabia, Pakistan, Yemen, and North Korea.
iii.) Ironically, the only Democrat qualified to take any credit for this is the one who initiated DADT in the first place–Bill Clinton, who appointed Judge Virginia Philips to the Central District. (Who but William Jefferson “Definition of Is” Clinton could have endorsed such a legalistically, equivocal, and truth-parsing policy as DADT?)
iv.) The Log Cabin Republicans finally….accomplished something! That earns, let’s say, a two week moratorium on masochism jokes. Starting now.
iv.) Will it stick, or go to the SCOTUS?