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A federal judge in Riverside who declared the military's "don't ask, don't tell" policy banning gays unconstitutional issued a tentative ruling Monday rejecting the federal government's request to stay her decision while the case is appealed.
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U.S. District Judge Virginia Phillips said the government failed to provide sufficient proof that her injunction halting the policy would cause "irreparable harm" to the military or that the government's appeal would be successful. Phillips planned to issue her final decision early Tuesday.
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Paul Freeborne of the U.S. attorney's office argued that the injunction immediately halting enforcement of the policy, which bans gays and lesbians from serving openly in the military, jeopardized national security.
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In a sworn declaration submitted to the court, Clifford L. Stanley, undersecretary of defense for overall military readiness, cautioned . . . The stakes are so high, and the potential harm so great, that caution is in order," he said.
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But Phillips on Monday rejected that argument. The judge said her ruling ordered an end to all discharge and separation proceedings under "don't ask, don't tell," but did not prohibit the military from crafting a new policy or educating military personnel about serving side by side with openly gay service members.
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Phillips also said that the government failed to produce any evidence during the two-week trial that showed allowing gays in the military would harm military readiness or troop cohesion.
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Dan Woods, the lead attorney for the Log Cabin Republicans, argued during Monday's hearing that lifting the judge's injunction would "deprive very patriotic Americans of their constitutional rights" and urged the judge to keep it in place.
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The dishonesty of Obama is palpable: he claims to want the repel of DADT yet heis DOJ fights to support the policy and recites the same lies that one might expect out of the mouth of Elaine Donnelly or Tony Perkins. Obama is indeed the Liar-in-Chief. I no longer believe anything the man says.
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