“[T]he injunction requires Defendants to cease investigating and discharging servicemembers pursuant to the Act. It does not affect Defendants’ ability to revise their policies and regulations nor to develop training and education programs, the only activities specifically mentioned in the Stanley Declaration,” Phillips wrote, referring to a memo from Clifford Stanley, undersecretary of defense for personnel and readiness, who said the injunction would create a burden for the military. Phillips similarly dismissed a Rolling Stone interview with President Obama, which the government also submitted, calling it “hearsay.”
“The public has an interest in military readiness, unit cohesion, and the preservation of fundamental constitutional rights,” she wrote. “While Defendants’ interests in preventing the status quo and enforcing its laws are important, these interests are outweighed by the compelling public interest of safeguarding fundamental constitutional rights.”
The Pentagon is complying by the orders of the injunction while it’s in effect and announced earlier today that it has issued new guidance instructing recruiters to accept gay and lesbian applicants. The Department of Justice is now expected to seek a stay on the injunction before the ninth circuit court of appeals.