The LA Times reported this morning that a federal judge in California issued a ruling on the military’s “don’t ask, don’t tell” policy, which effectively bans the practice. The judge ordered the Defense Department to halt all efforts to remove servicemen and women because of their sexual orientation. The judge ruled that the policy "infringes on the fundamental rights of United States service members” because it violates due process and freedom of speech, and infringes on the right of service members "to petition the government for redress of grievances,” because it does not allow them to fight for their jobs if they are revealed to be homosexuals and are removed because of it.  Although a federal judge can declare a law unconstitutional, there is debate in this case whether a district court judge can unilaterally invalidate a nationwide policy.

This ruling also has serious political ramifications. Usually, when an act of congress is challenged, the justice department is obliged to defend the federal law. However, appealing this ruling would be a risky move for the Obama administration since it would anger his base of democratic supporters, who have long called for the repeal of the act.  The Obama administration has 60 days to appeal the ruling, which means Obama could technically put off the decision until after the midterm elections, however if he does not appeal right away he faces the ire of conservatives and even less support from republicans in congress, and if he does appeal right away he risks losing support of his democratic base.

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