Court Allows Return to Discriminatory DADT

October 21, 2010

(ChattahBox US News)—The Court of Appeals for the Ninth Circuit was persuaded by the government’s arguments in seeking an end to the worldwide injunction against the enforcement of “Don’t ask, don’t tell.” The three-judge appellate panel granted the government’s emergency request for a stay of the lower court’s injunction, thereby returning the military to its odious policy of discriminating against gay men and women sacrificing their lives for our country.

The DADT policy was ruled unconstitutional by U.S. District Judge Virginia Phillips. And Judge Phillips found that the discriminatory policy also had a “direct and deleterious effect’’ on the military.

Judge Phillips issued a worldwide injunction against DADT, rejecting the “vague” arguments presented by the Department of Justice that eliminating the anti-gay policy too quickly would harm military readiness during a time of two wars.

For a brief time on Wednesday, military recruiters accepted applications from openly gay men and women, without any evidence of the military suffering from “irreparable harm.” But gay men and women will now be forced to again, hide their sexual identity if they want to continue with their military careers.

The New York Times writes:

“The decision, which returns the law to the status quo before a Federal District Court judge in California prohibited its enforcement, will be in effect while the appeals court considers whether to issue a longer stay, until February, when the Ninth Circuit will hear the full appeal. A decision about the longer stay could occur as early as next week; the Log Cabin Republicans, which brought the legal challenge to the law, were told to prepare briefs on the issues by Monday.”

“The stay almost certainly means the government will go back to enforcing the law as it did before the lower court issued an injunction against it.”

The majority of Americans are in favor of allowing gay men and women to serve openly. It’s high time the Pentagon took notice.


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