U.S. District Court Judge Virginia Philips of Riverside has denied a request to put her ban on the military’s “Don’t Ask, Don’t Tell” policy on hold while the government appeals the case.

In September, Phillips declared the military’s ban on openly gay service members unconstitutional. Last week she ordered the military to stop enforcing the ban. In an order released this afternoon, she said the Justice Department had not proved the military would suffer “irreparable harm” by allowing her order to take effect. She says that:

“Although Defendants objected to the issuance of the injunction and its scope, they provided no evidence regarding the alleged disruption or need to revise ‘dozens of policies and regulations,’ as described in [a government declaration.]”

The administration is expected to ask the Ninth U.S. Circuit Court of Appeals in San Francisco for a stay while Phillips’s “Don’t Ask, Don’t Tell” order is under appeal. The same court recently imposed a stay in another case central to the battle over gay and lesbian rights: Judge Vaughn R. Walker’s August order striking down California’s ban on same-sex marriage.

Read Judge Phillips’s order (PDF).

Judge Denies Request to Stay ‘Don’t Ask, Don’t Tell’ Ruling 19 October,2010Lisa Pickoff-White


Lisa Pickoff-White

Lisa Pickoff-White is KQED’s data reporter. Lisa specializes in simplifying complex topics and bringing them to life through compelling visuals, including photography and data visualizations. She previously has worked at the Center for Investigative Reporting and other national outlets. Her work has been honored with awards from the Online News Association, Investigative Reporters and Editors, the Society of Professional Journalists and SXSW Interactive.  Follow: @pickoffwhite Email: lpickoffwhite@kqed.org

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