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Jul 14, 2011
The Ninth Circuit Court of Appeals on July 6 reinstated an injunction that bars the enforcement of the controversial law known as “don’t ask, don’t tell.”
The injunction, which prevents the Pentagon from discharging gay soldiers, involved a lawsuit filed by the Log Cabin Republicans, a leading advocate for the repeal of DADT.
Last October, the group persuaded U.S. District Judge Virginia Phillip in Riverside, Calif., to issue a worldwide ban on the law, which bars openly gay men and women from serving in the U.S. military.
But a month later, a three-judge panel granted an emergency request from the Obama administration to uphold DADT until all legal methods were exhausted.
LCR’s Melissa Kennedy said she was doing a “jig” when she heard that the injunction against DADT had been reinstated.
“We’re excited,” she said. “It’s obviously great news.”
In the ruling, a three-judge panel cited the Obama administration’s new stance on the Defense of Marriage Act, part of which the administration deemed unconstitutional and chose not defend in court.
The administration, the court noted, believes that gay Americans should not be treated differently under the Constitution.
The judges also noted that repeal is “well underway” and expected to be complete by mid-summer.
“The circumstances and balance of hardships have changed, and (the government) can no longer satisfy the demanding standard for issuance of a stay,” the ruling said.
The Defense Department said July 7 that it would issue an order to the service branches to adhere to the injunction.
Meanwhile, LGBT civil rights advocates urged the Defense Department to expedite repeal.
“DADT is still the law of the land, as long as certification and the subsequent 60-day period have not taken place,” said Aubry Sarvis of Servicemembers United. If the government appeals this ruling and is successful, service members could be discharged once again. We have urged DoD not to appeal and to get on with certification within days, not weeks.”
