Judge Denies Request To Delay Lifting Of Gay Military Ban

A federal judge in Riverside on Tuesday denied a request by the government to suspend her permanent injunction barring the military from continuing its “Don’t Ask, Don’t Tell” policy against open homosexual service.

U.S. District Judge Virginia Phillips said the Justice Department failed to make a compelling case for lifting the order, which will prohibit further discharge proceedings against service members who are gay.

“None of the factors the court weighs in considering whether to enter a stay favors granting a stay here,” Phillips wrote.

In her six-page decision, the judge rebutted Assistant U.S. Attorney Paul G. Freeborne’s argument that failing to table the injunction would “harm military readiness and unit cohesion.”

“They had the chance to introduce evidence to that effect at trial,” Phillips said. “Defendants did not do so. The evidence they belatedly present now does not meet their burden to obtain a stay.”

Phillips did not accept the government’s contention that a transition period was necessary to give the Pentagon time to amend “policies and regulations” in the wake of her ruling.

Last month, Phillips declared Don’t Ask, Don’t Tell unconstitutional because it violated homosexual service members’ rights to freedom of speech and due process of law.

The decision came after a two-week trial in July in which the judge heard evidence and testimony in the Log Cabin Republicans’ lawsuit against the federal government challenging the policy.