Judge Orders End to Enforcement of DA/DT

A Federal judge has issued an order permanently enjoining the Defense Department from enforcing the gay ban known as Don't Ask/Don't Tell.  In the case Log Cabin Republicans vs. the United States, Judge Virginia A. Phillips of the U.S. District Court for the Central District of California found DA/DT unconstitutional on First and Fifth Amendment grounds.  The Department of Justice has 60 days to appeal.  Considering the obvious injustice of DA/DT and the fact that 75% of Americans support it's repeal, it seems that Judge Phillips has handed our "fierce advocate" in the White House the gift of an easy out.  If the DOJ doesn't appeal, the ruling stands and the absurd law ends without a bruising Congressional fight.  Don't count on it.  I'd be stunned if there were no appeal.

Here's the text of the ruling:

1) DECLARES that the act known as "Don't Ask, Don't Tell" infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.
(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the "Don't Ask, Don't Tell" Act and implementing regulations, against any person under their jurisdiction or command;
(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.
(4) GRANTS Plaintiff Log Cabin Republicans' request to apply for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and
(5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion for costs of suit, to the extent allowed by law.

UPDATE:  Well, that didn't take long.  DOJ has already filed a notice of appeal.