The DOJ filed its objections on Sept. 23 to a Sept. 9 decision by U.S. District Judge Virginia Phillips in the Central District of California to enjoin nationwide the federal policy, which she found was unconstitutional. The ruling came in a case filed by the Log Cabin Republicans, a gay rights group that opposes the 1993 law.
Despite the DOJ’s awkward position — given President Obama’s clear disapproval of the law — the filing may pave the way for a cleaner resolution of the Don’t Ask Don’t Tell controversy. By allowing the district court’s decision to stand, questions would remain about how a far a district court injunction could reach.
