ARLINGTON, VA – The U.S. Department of Defense issued a memo last Friday directing secretaries of military departments to ensure compliance with an appeals court ruling that ordered an immediate halt to the enforcement of “Don’t Ask, Don’t Tell.” The Pentagon will also begin accepting applications from prospective recruits who identify themselves as homosexuals.
The bill repealing DADT that was signed by President Obama last December stated that the full implementation of the law would take place 60 days after the bill was certified by the Defense Department.
Former Secretary of Defense Robert Gates certified his portion of the bill as one of his last duties as head of the armed forces just two weeks ago. However, last Wednesday, the federal appeals court in California ordered the U.S. Defense Department to immediately stop enforcing DADT. The court said the law is unconstitutional because it treats gay Americans differently under the law.
In its ruling, the federal appeals court said the government does not contend that the law is constitutional and added, “The circumstances and balance of hardships have changed, and [the government] can no longer satisfy the demanding standard for issuance of a stay.”
The court gave the U.S. Defense Department 10 days to respond as to whether or not the government plans to continue to defend the constitutionality of the policy in court.
Troops are currently undergoing training programs to clarify the law and ensure a smooth transition to its repeal.
Most of that training is expected to be completed by this summer, yet there is no requirement that 100 percent of the force must be trained prior to repeal, Pentagon spokeswoman Eileen Lainez said.
Activists from coast-to-coast were thrilled with the news, aespecially since the military has continued discharges, even after DADT was officially repealed.
Alexander Nicholson, executive director for Servicemembers United, released a statement, “With the wait for certification dragging out beyond a reasonable timeframe, the Court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell’ and this time it very well may be for good.”
He was sure to warn, however, that “servicemembers should still remain extremely cautious with information regarding their sexual orientation for the time being.
The issue remains in a state of flux, although guarded optimism is certainly warranted.”
In a written statement, the Human Rights Campaign said: “Today’s decision is a harbinger that ‘Don’t Ask, Don’t Tell’ is on its way out. With troops trained on the new policy and senior military leaders having said the process is working without significant disruption, DADT is on its last legs. The time for certification is now in order to clearly and plainly wipe this damaging law off the books once and for all.”
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