Justice Department supports ‘don’t ask, don’t tell’

LOS ANGELES — The Obama Justice Department is asking a federal judge to keep the military’s “don’t ask, don’t tell” (DADT) policy on homosexuals in place, arguing that rulings in other circuits upholding the ban prevent the judge from issuing a nationwide injunction against the 17-year-old policy.

The brief was filed two weeks after U.S. District Judge Virginia Phillips, who is based in California, issued a ruling overturning the policy, which prevents homosexuals from serving openly in the military.

Supporters of DADT warn that reversing it would have a negative impact on military readiness, cohesion, recruitment, retention and religious freedom.

“If this court were to enjoin all discharges under DADT throughout the world, it would not only effectively overrule the decisions of numerous other circuits that have upheld DADT, but also preclude consideration of similar challenges by courts in other circuits that have not addressed the issue (not to mention other district judges in the Central District of California) prior to any decision by the 9th Circuit,” the Justice Department’s brief states. “This court ‘would in effect be imposing [its] view of the law on all the other circuits.’ … Such a result would … unjustifiably elevate this court, and ultimately the 9th Circuit, to a status of first among equals.”

The brief was filed Sept. 23, one day before another judge in the 9th Circuit dealt another blow to the policy. On Sept. 24, U.S. District Judge Ronald B. Leighton ordered the Air Force Reserves to reinstate Maj. Margaret Witt, a lesbian who had been discharged. (TAB)