Posted on 11/02/2010 1:49:02 PM PDT by 2ndDivisionVet
A divided three-judge panel granted the Obama administration's request to uphold the controversial "Don't Ask, Don't Tell" policy until all legal methods are exhausted.
Monday's 2-1 decision struck down an Oct. 12 ruling from a district court judge in Riverside, CA, which declared the law unconstitutional.
Judge Virginia Phillips, who wrote the decision, ordered a worldwide ban on the law, which prevented its enforcement until Oct. 20, when the 9th Circuit Court granted an emergency request from the Obama administration for a stay on the injunction.
The ruling was a setback for the suit's plaintiffs, Log Cabin Republicans, who had stated leading up to the ruling that they believed the higher court would side with them just as the district court had.
"The court's ruling is a disappointment not only to us, but also to all gay and lesbian 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," said Dan Woods, the White & Case partner who is representing Log Cabin Republicans, in a news release.
Woods said he will discuss the decision with the advocacy group in order to determine whether they will make an appeal to the U.S. Supreme Court.
In the majority opinion, the court said it found merit in the Obama administration's argument that ending "Don't Ask, Don't Tell" would put national security at risk.
"We conclude that the government's colorable allegations that the lack of an orderly transition in policy will produce immediate harm and precipitous injury are convincing," read the opinion.
[Click here to read the entire Circuit Court ruling here. (PDF)]
In their explanation, the federal judges implied that "Don't Ask, Don't Tell" is an issue best left for Congress to decide and one that may soon become moot if the policy is voted on in the forthcoming lame duck term.
Accordingly, Peter Renn, a staff attorney for Lambda Legal, which filed a "friend of the court" brief in support of the Log cabin Republicans, reminded those affected by the decision that all legal manners weren't exhausted.
"It's important to remember what today's ruling was not: a consideration of the merits of the case," he said in a news release. "That remains for another day."
The Obama administration's motion for the stay specifically stated that members of the administration disagree with the policy.
"The president strongly supports repeal of the statute that the district court has found unconstitutional, a position shared by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff," the motion read.
But the papers filed by the administration side-stepped the issue, saying that no legal action should be taken against "Don't Ask, Don't Tell" in a court of law without "needed deliberation, advance planning, and training."
The 9th Circuit Court said in Monday's ruling that orderly transition will only happen if "Don't Ask, Don't Tell" remains law for the time being.
Defense Secretary Robert M. Gates will present his review of the law and the implications of its repeal by Dec. 1.
Judge William Fletcher, who wrote the dissenting opinion, said he agreed with the stay in all aspects but one. He would move to prevent soldiers from being discharged during the appeal.
"Defendants would not be required during the pendency of the appeal to change their recruiting practices, to change their personnel manuals, or, subject only to the requirement that they not actually discharge anyone, otherwise to change their practices," he wrote.
Fletcher was appointed by former President Bill Clinton, who signed the law into effect in 1993.
The Obama administration's defense of the policy in court has raised harsh criticism from gay rights groups.
"We urge President Obama to use his statutory stop-loss power to halt discharges under this discriminatory and wasteful policy," said R. Clarke Cooper, executive director of the Log Cabin Republicans in a news release. "The president claims to want to see 'Don't Ask, Don't Tell' ended. It is time that he stop talking and start working to make a real difference for gay and lesbian Americans."
Joe Solmonese, president of the Human Rights Campaign, couldn't agree more.
"For the good of our national security, the endless legal wrangling and political posturing has to stop," he said in a news release.
PS - The Senate should not confirm ANY general officer that holds a liberal view of homosexuality. Just draw a line in the sand and say enough!
Funny, most Jeep guys around here, especially retired military ones, could hardly be more united on any issue than “No practicing fags in the military”. Is your Jeep painted rainbow colors?
But the sodomites won't stand even for this. They'll pull out the "separate but equal" meme and whine about being "second-class citizens" as they always do. Don't you get it? They WANT to be around men.
We knew this yesterday morning.
Why is it “Breaking News” on Tuesday night, election night?
That was one of the weirdest videos I have ever seen.
Gays and lesbians need to make a “real difference” for themselves and start relationships with members of the opposite sex.(After getting their HIV tests,of course).
“Log Cabin Republicans are plaintiffs? Ann Coulter must be so proud.”
Please explain. Is she a lesbian? I know I heard that she made some kind of speech to a lesbian group. If so, that doesn’t necessarily make her a lesbian.
I've heard it proposed to simply break it up into several districts. Do you realize how many states they cover other than California? WAY too much jurisdictional power over something like a third of the country.
Oh, goody ... now, with the requirements of separate male and female rooms, showers, bathrooms, etc, we have to add two (or more) other categories: homosexual males and homosexual females, as well as possible transgenders. Just wonderful ... and so economic as well. Really a wise decision [/s].
The only way this should be allowed is if ALL currently serving service members are given the option of an immediate honorable discharge, with NO loss of accrued benefits, if they do not want to serve with open and practicing homosexuals.
As a retiree (service in both the Navy and Army) and still "serving" in the Department of Defense, I'm advising the children of friends and acquaintances to not enlist until this decision is made one way or another, as well as mentoring younger soldiers under my supervision to carefully consider not reenlisting until a decision is made.
I can only say that I'm glad I'm out of active service. Even after serving through the Carter and Clinton administrations and recommending the military service to any and all that I had contact with, I wouldn't suggest a military career for anyone unless they know about the possibility of having to serve (and cohabitate in the barracks) with open and practicing homosexuals.
I agree. Use the proper term and stop degrading the language.
For now good. This is not going away anytime soon. I think this will last years and years until they pass it. It will take a very strong congress to not pass this 10 years from now. Hope we have it.
As I have said it many times, I DID NOT vote for anyone for president in the last election and if I had to do it all over again I would do exactly the SAME.
One thing is to have a ratified lefty like Obama getting aboard on the "homo-express," but to have the SAME VALUES from a so called "Conservative" like McCaca (Have you heard his fatty daughter and his Raccoon-Eyes wife LOL - "despair" over the "injustices" toward queers)... well... it's WAY MORE I CAN TAKE.
If McPain would have won, he HIMSELF would have moved the entire party to the LEFT on social-values... and for many of us SOCIAL-CONSERVATIVES this was and STILL IS, and WILL BE, simply UN-ACCEPTABLE.. Tea Party and all is fine, small government and everything else... but for us IN ADDITION TO ALL THAT... social-values and Morality (YES!) still define the "Character" of a person... and Character MATTERS to us.
As we have seen in Obama.. Character is something HE LACKS!!... that's why he will disappear from the presidency and our minds as quickly as he appeared... This guys does not have GREATNESS of any kind... But the question is... is anyone who have it in the Republican Party?... Well soon see.
Don’t ask, Don’t tell is fine. In fact it has worked. They only got rid of less than 2,000 since implementation. The gays think millions have....lol. I think you might be of an older age saying go back to asking....that will NEVER happen again. That is 100 percent sure. Don’t ask, don’t tell ensures that these gays are not living a lie because they were never asked and they never had to lie......I never understood where they are living a lie concept came from. If you don’t say you are gay to anyone then you are not living a lie. It just doesn’t make sense to me.
Shut down the government again???? Didn’t we do that awhile back and that blew up in our faces. No that would be what the Democrats would want us to do again. Other suggestions are needed.
” I DID NOT vote for anyone for president in the last election”
YES, you did. If you did not vote AGAINST Obama, it was the same as voting FOR him.
I’ll ping it out in a bit.
YAY!!! Now the R controlled Congress can repeal DADT and bring back “Ask, if answer is WRONG, OUT THE FREAKING DOOR!”
filibuster....maybe all that's left
more suggestions?
The uphill battle has begun. Kicking the glorification of homosexual sex to the curb and as well exorcising the governments promotion of the religion of humanism is but one issue to be tackled...
I’m pro-gay marriage but think we should let the military decide the composition of it’s forces, not politicians.
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