`Don't Ask, Don't Tell' Repeal Will Be Kept on Hold During Federal Review
The U.S. government’s “Don’t Ask, Don’t Tell” restriction on gays in the military will remain in effect while a federal appeals court reviews a judge’s decision that the rule is unconstitutional.
A federal appeals court in San Francisco said yesterday that ending “Don’t Ask, Don’t Tell” must be delayed while it considers whether the policy violates the free speech and due process rights of gays and lesbian seeking to serve in the military. The case could take weeks or months to decide.
In a 2-1 decision, the court said it was persuaded by the government’s argument that there could be immediate harm unless there was proper training and guidance in the military and ‘an orderly transition in policy.”
“The public interest in ensuring orderly change of this magnitude in the military -- if that is what is to happen -- strongly militates in favor of a stay,” the court said in yesterday’s order.
The appeals court issued an order on Oct. 20 that temporarily kept the rule in place during the appeal after U.S. District Judge Virginia Phillips in Riverside, California, refused to postpone enforcement of her ruling overturning the policy. Under “Don’t Ask, Don’t Tell,” gays and lesbians applying to or serving in the military must hide their sexual orientation. Openly gay people can be discharged or blocked from serving under the rule.
Repeal’s Timing
While the Obama administration supports an end to “Don’t Ask, Don’t Tell,” it argued the timing and administration of a repeal should be up to the Defense Department, according to court papers. The Log Cabin Republicans, the gay rights group that sued to end “Don’t Ask, Don’t Tell,” sought to have Phillips’s order take effect immediately.
“The court’s ruling is a disappointment not only to us but also all homosexual service members who bravely put themselves in harm’s way so that we can all enjoy the constitutional rights and freedoms that they themselves are being denied,” Dan Woods, an attorney for the Log Cabin Republicans, said yesterday in an e-mailed statement.
The case is Log Cabin Republicans v. United States, 10- 56634, U.S. Court of Appeals for the Ninth Circuit (San Francisco).
To contact the reporter responsible for this story: Karen Gullo in San Francisco at kgullo@bloomberg.net.
To contact the editor responsible for this report: David E. Rovella at drovella@bloomberg.net.
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