is it really over?

Judge orders 'don't ask, don't tell' injunction

SAN DIEGO – A federal judge issued a worldwide injunction Tuesday immediately stopping enforcement of the military's "don't ask, don't tell" policy, suspending the 17-year-old ban on openly gay U.S. troops.

U.S. District Judge Virginia Phillips' landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy.

U.S. Department of Justice attorneys have 60 days to appeal. Pentagon and Department of Justice officials said they are reviewing the case and had no immediate comment.

The injunction goes into effect immediately, said Dan Woods, the attorney who represented the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban's enforcement.

"Don't ask, don't tell, as of today at least, is done, and the government is going to have to do something now to resurrect it," Woods said. "This is an extremely significant, historic decision. Once and for all, this failed policy is stopped. Fortunately now we hope all Americans who wish to serve their country can."

Legal experts say the Obama administration is under no legal obligation to appeal and could let Phillips' ruling stand.

Phillips' decision was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not.

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While this is fantastic news and long overdue, it is a shame that the Obama administration shied away from this and cannot take credit for overturning this highly unpopular rule as we move towards election.

Sometimes it really seems like the Dems do not want to win...