LOS ANGELES (AP) — The military’s “don’t ask, don’t tell” policy is back in place for the time being, with one major caveat: The government is not allowed to investigate, penalize or discharge anyone who is openly gay.
A San Francisco federal appeals court ordered the military to temporarily continue the controversial policy in an order late Friday, the court’s response to a request from the Obama administration.
The order is the latest twist in the legal limbo gay service members have found themselves in as the policy is fought in the courts simultaneous to its slow dismantling by the federal government, which expects to do away with it by later this year.
In its three-page ruling, the U.S. 9th Circuit Court of Appeals said the ruling was based on new information provided by the federal government, including a declaration from Major General Steven A. Hummer, who is leading the effort to repeal the policy.
“In order to provide this court with an opportunity to consider fully the issues presented in the light of these previously undisclosed facts,” the court wrote, that it would uphold an earlier order to keep the policy in place.
The court of appeals had halted “don’t ask, don’t tell” July 6 but the Department of Justice filed an emergency motion Thursday saying ending the policy now would pre-empt the orderly process for rolling it back, per a law signed by President Barack Obama in December.
The ruling was supported by Servicemembers United, an organization of gay and lesbian troops and veterans, but the group’s executive director Alexander Nicholson voiced frustration over the slow process of dismantling “don’t ask, don’t tell.”
“The situation with finally ending this outdated and discriminatory federal policy has become absolutely ridiculous,” said Nicholson. “It is simply not right to put the men and women of our armed forces through this circus any longer.”
The Department of Justice said in a statement that it asked the court to reconsider its order “to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal.”
It said senior military leaders are expected to make their decision on certifying repeal within the next few weeks. In the meantime, the Justice Department said “it remains the policy of the Department of Defense not to ask service members or applicants about their sexual orientation, to treat all members with dignity and respect, and to ensure maintenance of good order and discipline.”
The gay rights group persuaded U.S. District Court Judge Virginia Phillips to impose a worldwide injunction halting the ban last October, but the appeals court granted the government a stay, saying it wanted to give the military time to implement such a historical change.
The Log Cabin Republicans asked the court Friday to deny the motion, saying “an on-again, off-again status of the District Court’s injunction benefits no one and plays havoc with the constitutional rights of American service members.”
The plaintiff said while only one service member has been discharged since the congressional vote, three others have been approved for discharge by the secretary of the Air Force but the processing of those actions have been “stopped in their tracks” by the court’s order. Granting the stay the government wants would allow it to act on those discharges and also allow it to put recent applicants from gay enlistees in limbo, the group said.View Entire Story
By John Solomon
How the government's punishing of the exposure of official wrongdoing can linger for years
Independent voices from the TWT Communities
A collection of reader guest articles, thoughts and opinions by Communities writers and breaking news and information.
Great discoveries in the world of restaurants and chefs fulfill the quest for delicious food and cooking.
Paul Rondeau dissects the propaganda, media tricks, and other shenanigans targeting our families, faith, and freedom…and even life itself
Benghazi: The anatomy of a scandal
Vietnam Memorial adds four names
Cinco de Mayo on the Mall
NRA kicks off annual convention