DADT reversal on hold: Appeal won by Obama and DOJ

Wed. October 20, 2010 6:45 PM by Jay Shaff

San Francisco, CA - The 9th District Court of Appeals has late today granted a temporary stay to the injunction issued last week by U.S. District Court Judge Virginia Phillips on "Don't Ask, Don't Tell" (DADT). This effectively stops out-gays from continuing to serve in the military, or to sign up for service.

The Obama Administration's Department of Justice (DOJ) filed early today for an emergency stay of Phillips' ruling that DADT is unconstitutional and may not be enforced by any faction of the government.

"We respectfully request that the Court enter an administrative stay by today October 20, 2010, pending this Court's resolution of the government's motion for a stay pending appeal, which would maintain the status quo that prevailed before the district court's decision while the Court considers the government's stay motion," said Obama lawyers.

Three judges from the Court ordered the stay "temporarily in order to provide this court with an opportunity to consider fully the issues presented."

President Obama has stated that he supports the repeal of DADT, but that it must be done legislatively, not through the Court.

Prior to this ruling, the Pentagon had issued directives to all military branches that DADT rules of the past be abandoned, pending appeal from the DOJ. Even with caution from the Pentagon that DADT repeal was not a done deal, former U.S. Army Lt. Dan Choi, a West Point graduate, re-enlisted in the Army yesterday.

Political fallout from the LGBT community for Democrats and the Obama Administration could be severe with mid-term elections less than two weeks away.

The case against the Government was originally bought by the Log Cabin Republicans.

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