'Don't ask, don't tell' ruled unconstitutional: First reactions
A federal judge says the military's ban on gay service members violates the First Amendment. What now?

The military's ban on openly gay service members is unconstitutional, a federal judge ruled Thursday. The 17-year-old policy — commonly known as "don't ask, don't tell" — violates gay troops' rights to free speech and due process, said U.S. District Judge Virginia A. Phillips of California, and has a "direct and disastrous effect" on the armed forces by serving "to impede military readiness and unit cohesion." The case was brought by the Log Cabin Republicans, a conservative gay-rights advocacy group, and argued against by the U.S. Justice Department. What is the impact of this ruling?
Puts Obama in a difficult spot: "This new ruling presents both a problem and an opportunity for Obama," says Chris Rovzar in New York magazine. While the president "objects to DADT," he believes "it should be overturned by Congress" after the military has had a chance to "follow through on studies" gauging the effects of a repeal. If Obama instructs the Justice Department not to appeal the ruling, DADT might "just go away" — but that would violate his own stated position. So, "in all likelihood," the administration will appeal the ruling.
Please, let this be the end: Because Justice Department attorneys were the ones fighting against this ruling, says Andrew Sullivan in The Atlantic, we now "have the Obama administration now actually battling Republicans to prevent gay servicemembers from serving openly." Consider this "one of the more spectacular backfires of political expediency in our time. I have no sympathy for [the administration]. End the ban now."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
This judicial meddling could affect the fall elections: As far as "judicial overreach goes," says Allahpundit in Hot Air, this repeal of "don't ask, don't tell" isn't "quite as explosive as the Prop 8 ruling because a heavy majority (including a majority of Republicans) already supports letting people who are openly gay serve." That said, "if you’re looking for a little extra something to fuel this fall’s populist mojo, some legalistic jujitsu by an unelected judge against a longstanding national policy will do the trick nicely."
Don't expect this ruling to last: Between this ruling and the repeal of California's ban on gay marriage, says UCLA law professor Adam Winkler in the Huffington Post, "the tide seems to be surging for equal rights for all, regardless of sexual orientation." Unfortunately, this "latest landmark decision... may not stand for long." A "case of this magnitude could spark the interest of the Supreme Court," which is "historically reluctant to step on the military's toes." In the end, a Congressional repeal is probably the only way to end DADT.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
What should you be stockpiling for 'World War Three'?
In the Spotlight Britons advised to prepare after the EU tells its citizens to have an emergency kit just in case
By Elizabeth Carr-Ellis, The Week UK Published
-
Carnivore diet: why people are eating only meat
The Explainer 'Meatfluencers' are taking social media by storm but experts warn meat-only diets have health consequences
By Elizabeth Carr-Ellis, The Week UK Published
-
Scientists want to fight malaria by poisoning mosquitoes with human blood
Under the radar Drugging the bugs
By Devika Rao, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published