Tag Archives: virginia phillips

DADT Case Goes to Supreme Court

The Log Cabin Republicans have asked the US Supreme Court to reinstate Judge Virginia Phillips’ injunction prohibiting the US military from enforcing its ban on open homosexual service.  The military has said DADT will continue to be enforced during appeal.

In perhaps the supremest of ironies, the request lands on the desk of Supreme Court Justice Anthony Kennedy.  Some have speculated that DADT would be 4-4 at the court, with Kennedy being the deciding vote.

The filing demonstrates a self-righteous and self-centered Read more

Appeals Court Upholds Stay of DADT Injunction

A three-judge panel of the 9th US Circuit Court of Appeals sided with the government when it upheld its prior stay of the controversial injunction issued against the military’s “Don’t ask, Don’t tell” policy.

In an eight-page order, two judges said they were persuaded by the Department of Justice’s argument that U.S. District Court Judge Virginia Phillips’ worldwide injunction against the policy “will seriously disrupt ongoing and determined efforts by the Administration to devise an orderly change.”

Importantly, the ruling may portend future issues in appeal.  First, the judges Read more

Military Archbishop Opposes DADT Repeal…on Constitutional Grounds

Military Archbishop Timothy Broglio has previously expressed his opposition to the repeal of the policy known as “Don’t Ask, Don’t Tell.”  In a recent article, however, he articulated his opposition not strictly on religious grounds, but on Constitutional ones:

The archbishop explained that while individuals may have a legal right to declare their sexual preferences, they have no comparable “right” to serve in the military at the same time.

Rather, he said, the military reserves to itself the right to deny individuals that privilege —  just as soldiers may forfeit the privilege of military service in many other ways, through their speech and behavior.  Read more

District Judge Rules DADT “Unconstitutional”, Enjoins Enforcement

US District Court Judge Virginia Phillips has ruled the policy known as “Don’t Ask, Don’t Tell” violates the First and Fifth Amendments to the US Constitution and has issued an injunction prohibiting its enforcement.  According to reports, Judge Phillips made the following military analyses:

Phillips [said] the policy doesn’t help military readiness and instead has a “direct and deleterious effect” on the armed services by hurting recruiting when the country is at war and requiring the discharge of service members with critical skills and training.

Phillips’ ruling referred to both the US law banning Read more