DENVER, CO
On November 1, a Federal Appeals Court indefinitely extended its freeze on a judge’s order halting enforcement of the military’s “Don’t Ask, Don’t Tell” policy. The three-judge panel of the 9th U.S. Circuit Court of Appeals granted the U.S. government’s request for a stay while it challenges the trials court’s ruling that the ban on openly gay service members is unconstitutional
By BOB KECSKEMETY
U.S. District Court Judge Virginia Phillips ordered an injunction on Tuesday ordering officials to no longer enforce “Don’t Ask, Don’t Tell,” the controversial policy concerning gays serving in the U.S. Military. The landmark ruling effectively puts an end to the 17- year old ban on gays serving in the military. The Federal Government now has 60 days to appeal her ruling but has not announced whether or not it will do so.
In a written statement, Judge Phillips ordered: “Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the ‘Don’t Ask, Don’t Tell’ Act, or pursuant to 10 U.S.C. §654 or its implementing regulations, on or prior to the date of this Judgment.”
The original case was filed in 2004 by the Log Cabin Republican Club, the nation’s largest LGBT Republican organization. The Log Cabin filed their case on behalf of several decorated officers including Air Force Major Michael Almy. Almy had been deployed to Iraq three times and accused his commanding officer of attempting to force him to admit that he was a homosexual after another service member searched Almy’s private email without his permission. Almy fought his discharge for 16 months prior to agreeing to an honorable discharge.
In September, Judge Phillips said that banning homosexuals from the military did not affect military readiness and that the ban on gays serving in the military had a “direct and deleterious” effect on the military. She further concluded that DADT violated the 1st Amendment.
President Obama, while campaigning for President, said he was opposed to ban on gays openly serving in the military and would work to do away with the policy. While President, Obama has continued to contend that he opposes “Don’t Ask, Don’t Tell” but has said that Congress, not the courts, should lift the ban. On Wednesday, White House Press Secretary Robert Gibbs said that the court ruling demonstrated that “time is running out on the policy of ‘Don’t Ask, Don’t Tell.’ This is a policy that is going to end.”
However, also on Wednesday, Defense Secretary Robert Gates said that abruptly ending “Don’t Ask, Don’t Tell” would have enormous consequences and that Congress should decide the law but only after the Department of Defense completes its study on the matter due out by the end of this year. He said that dropping the ban requires careful preparation and a lot of training, or it would have enormous consequences for the troops.
ATLANTA, GA: “Don’t Ask, Don’t Tell” supporters faced a big set back last week when Judge Ronald Leighton has ruled that the military violated Air Force Major Margaret Wills’ constitutional rights discharging her under “Don’t Ask, Don’t Tell.” The judge said that after serving 17 years in the Air Force, she would not adversely affect unit moral or cohesion. He also added that “good flight nurses are hard to find.” The resultant lawsuit led the 9th U.S. Circuit Court of Appeals to rule in Witt’s favor in 2008, though this latest ruling impacts only Witt’s discharge, it has already resonated among gay groups throughout the country.
