Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Judge tentatively rejects 'don't ask, don't tell' stay request

RIVERSIDE, Calif. — A federal judge who declared the military's "don't ask, don't tell" policy banning gays unconstitutional issued a tentative ruling Monday rejecting the federal government's request to stay her decision while the case is appealed.

U.S. District Judge Virginia Phillips said the government failed to provide sufficient proof that her injunction halting the policy would cause "irreparable harm" to the military or that the government's appeal would be successful. Phillips plans to issue her final decision today.

Paul Freeborne of the U.S. Attorney's Office argued that the injunction immediately halting enforcement of the policy, which bans gays and lesbians from serving in the military openly, jeopardized national security.

He urged Phillips, who issued the injunction last week, to set aside her decision while the government appealed the ruling and injunction to the 9th U.S. Circuit Court of Appeals.

In a sworn declaration submitted to the court, Clifford Stanley, undersecretary of defense for overall military readiness, cautioned that an abrupt transition would undercut the Pentagon's work surveying military commands to determine how best to create a new policy that allows people who are openly homosexual to serve.

"The stakes are so high, and the potential harm so great, that caution is in order," he said.

But Phillips rejected that argument. The judge said her ruling ordered an end to all discharge and separation proceedings under "don't ask, don't tell," but did not prohibit the military from crafting a new policy or educating military personnel about serving side by side with openly gay service members.

The challenge to the "don't ask, don't tell" policy was filed in 2004 by the Log Cabin Republicans, the largest gay GOP political organization. It was the first successful broad-based constitutional challenge to the policy since Congress enacted it in 1993.

Judge tentatively rejects 'don't ask, don't tell' stay request 10/18/10 [Last modified: Monday, October 18, 2010 10:59pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Four questions the Lightning still has to answer

    Lightning Strikes

    FORT LAUDERDALE — The Lightning made its biggest round of cuts Monday, with some of the big-named prospects heading out.

    Tampa Bay Lightning forward Steven Stamkos (91) looks on from the bench during a shift change at Lightning hockey training camp in Brandon on Monday (09/18/17). In background on right is Nikita Kucherov (86). DIRK SHADD   |   Times  

  2. Nine Florida football players, 62 felony complaints in fraud scandal

    College

    GAINESVILLE — The fraud scandal that has engulfed the University of Florida's nationally ranked football team for weeks exploded Monday with the first detailed accounts of criminal accusations that threaten to derail the Gators' season.

    Florida Gators wide receiver Antonio Callaway (81) runs the ball during the Outback Bowl in January at Raymond James Stadium. [CHARLIE KAIJO   |   Times]
  3. Where Rays shortstop Matt Duffy's lost season leads

    The Heater

    BRADENTON — In a perfect world Matt Duffy would have been in New York on Monday with his Rays teammates enjoying the final off day of the year. Instead, he was on Field 4 at Pirate City on a sweltering afternoon, trying to restart his season.

    Rays shortstop Matt Duffy plays in his first game (since rehab was aborted) with the club's instructional league on Monday at the Pirate City baseball field and spring training complex in Bradenton [DOUGLAS R. CLIFFORD  |  Times]
  4. Vinny Lecavalier's jersey retirement will be another classic Vinny moment

    Lightning Strikes

    TAMPA — He was the face of the franchise. He was taken first overall in the 1998 NHL Draft by a franchise at the bottom. Art Williams, the nutty Tampa Bay Lightning owner at the time, proclaimed the 18-year-old from Ile Bizard, a Montreal borough, "the Michael Jordan of hockey."

    Vincent Lecavalier makes a break for the net while playing an exhibition game on Sunday (9/24/17) with the 2017 U.S. Women???‚??„?s National Team at Amalie Arena in Tampa. Lecavalier was the captain of the Tampa Bay Lightning for the 2000???‚??€œ2001 season and between the 2008???‚??€œ2013 and spent his first 14 NHL seasons with the Tampa Bay Lightning before signing with the Philadelphia Flyers.
  5. Pinellas licensing board loses support for staying independent

    Local Government

    CLEARWATER –– The Pinellas County Construction Licensing Board on Monday lost its strongest supporter for staying independent.

    State Sen. Jack Latvala, a Clearwater Republican running for governor, said Monday that he will no longer support any legislation to keep the Pinellas County Construction Licensing Board independent. This photo was taken in August. [SCOTT KEELER | Tampa Bay Times]