As the week drew to a close, DADT brought to a close, months of debate, ending in a victory for the Log Cabin Republicans, and thus, the gay community.
Judge Virginia Phillips of Riverside California ruled in favor of the Log Cabin Republicans, that DADT (Don't Ask Don't Tell) was unconstitutional in that it violates the 1st Amendment and Due Process rights of gays. Judge Phillips went on to say that DADT does not preserve military readiness because evidence shows that the policy in fact has had a 'direct and deleterious effect' on the armed services.
When asked about the importance of this case, Judge Phillips said, "The most important case I am working on is the case I am working on right now. Because it's about someone's life. It's not about money, it's not about issues, it's about someone's life. I am really aware every day what a privilege it is to have this job."
With the recent ruling from the 9th, the Justice Department has until September 23rd to submit objections to the court regarding Judge Phillips' injunction. Many believe that this is the out that the DOJ is looking for. Since they had to uphold the policy, now they can simply opt to not object, thus, let the ruling stand. If the DOJ chooses this route, then DADT will have become a policy of the past. No longer will gay servicemen and servicewomen be discharged based soley on their sexual preference.
Tony Perkins, speaking for the religious right, said, "Once again, homosexual activists have found a judical activist who will aid in the advancement of their agenda." It is odd in that this case was brought by Log Cabin Republicans, not by the gay community. The case was Log Cabin Republicans v United States of America. Many question why Mr. Perkins always attributes any loses (to his side) to be because an activist judge was involved. Virginia Phillips has a reputation as a serious jurist and is well respected by her colleagues. Judge Phillips, while she does hail from California, a blue state, she comes from a red area of that blue state. Orange County is traditionaly a republican stronghold, and very conservative. Many right wingers will know Orange County as the home of Pastor Rick Warren. Could it be, Mr. Perkins, that Judge Phillips ruled based on the law and our Constitution? Is it possible that Judge Phillips did the right thing? There is a reason that we deem justice to be blind. Thank God for justices like Virginia Phillips who rules on legal issues and not causes.