BREAKING: “Don’t Ask, Don’t Tell” Stay Issued “Temporarily”
Just moments ago, the Ninth Circuit Court of Appeals ruled on the Obama Department of Justice’s request to issue a stay against Judge Virginia Phillips’ ruling that the Department of Defense (DOD) immediately cease all investigations and discharges related to “Don’t Ask, Don’t Tell,” a law Phillips’ court found unconstitutional one month ago.
Chris Geidner of MetroWeekly is the first to report, “[a] three judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued a temporary stay of U.S. District Judge Virginia Phillips’s order halting all enforcement of the military’s “Don’t Ask, Don’t Tell” policy.”
In other words, “Don’t Ask, Don’t Tell” is in a sense back in effect. The court wrote, “[t]he order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.”
Geidner explains, “This does not immediately change the military’s policy of not enforcing DADT, as the Oct. 15 guidance from Undersecretary of Defense for Personnel and Readiness Clifford Stanley stated that “additional guidance” would come if a stay is granted.”
Last week, Judge Phillips ruled against the DOD. For the past eight days, the military has been operating as if “Don’t Ask, Don’t Tell” (DADT) did not exist, although there have been reported cases of some recruiters not abiding by the court’s decision.
Yesterday, discharged gay Iraq War veteran Lt. Dan Choi re-enlisted in the Army, amid much fanfare and attention.
Justin Elzie, the first Marine to be discharged under “Don’t Ask, Don’t Tell,” told The New Civil Rights Movement, “It is sad that President Obama has gone above and beyond to reinstate Don’t Ask, Don’t Tell after it was declared unconstitutional and dead for 8 days. As of today Obama has the unique distinction of being the only President to reinstate an unconstitutional law against LGBT Servicemembers after the military with a groundbreaking development officially started accepting them at recruiting stations. While it is abundantly clear that Obama is not a strong supporter of our equality, that will not dampen the spirit of the many LGBT servicemembers, veterans or activists working on this issue. This movement is bigger than one man, organization or institution. We will win in the end; that I guarantee you.”
Stay tuned.
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