Injunction Against “Don’t Ask, Don’t Tell” Brings Harvard ROTC Into Focus

A federal district court judge has issued an injunction against the enforcement of the military’s “Don’t Ask, Don’t Tell” policy, raising the possibility that University President Drew G. Faust might move to recognize the Reserve Officer Training Corps on campus.

Faust has said that the elimination of the policy, which prohibits gays from serving openly in the military, is a condition for University recognition of the program.

In yesterday’s ruling, U.S. District Judge Virginia A. Phillips ordered the military to stop enforcing the policy and to halt all investigations under the measure.

It is probable that the Justice Department will appeal the ruling, making it unlikely that the University will immediately move to recognize ROTC.

In recent weeks, the University’s policy on ROTC has drawn the ire of Mass. Sen. Scott P. Brown, who publicly blasted the University for not recognizing ROTC while lobbying for passage of the DREAM Act—a measure that would offer a path to citizenship for undocumented youths who attend college or serve in the military.

The University, through a spokesperson, declined to comment on the ruling yesterday.

The suit was brought by a Republican gay rights group, the Log Cabin Republicans, who joined with the larger gay community yesterday in cheering the ruling.

“The order represents a complete and total victory for Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country,” said Dan Woods, the lead attorney for the plaintiffs, in a statement issued yesterday.

Proponents of “Don’t Ask, Don’t Tell” decried yesterday’s ruling, which they say could threaten military morale.

“Judge Phillips is playing politics with our national defense. Once again, an activist federal judge is using the military to advance a liberal social agenda, disregarding the views of all four military service chiefs and the constitutional role of Congress,” said Family Research Council President Tony Perkins, who opposes the law, in a statement.

—Staff writer Elias J. Groll can be reached at egroll@fas.harvard.edu.

—Staff writer William N. White can be reached at wwhite@fas.harvard.edu.