Report: Judge Bars Enforcement of ‘Don’t Ask, Don’t Tell’

Posted October 12, 2010 at 2:14pm

A U.S. district judge on Tuesday ordered the Defense Department to “immediately” suspend enforcement of the military’s “don’t ask, don’t tell” policy, which bans openly gay service members, the Advocate reported.

U.S. District Judge Virginia Phillips ruled that military officials must “suspend and discontinue any investigation, or discharge, separation, or other proceeding,” according to her ruling. Phillips did not specify when the injunction would take effect.

The ruling declares the policy “infringes the fundamental rights” of service members and violates due process rights under the Fifth Amendment, as well as rights to freedom of speech under the First Amendment.

White House spokesman Robert Gibbs had no comment on the news, which broke as he headed into Tuesday’s press briefing. But he reiterated President Barack Obama’s opposition to the policy.

“Obviously, you know the president’s view on changing ‘don’t ask, don’t tell,'” Gibbs said.