In a suckily timed Election Eve ruling, late this afternoon the Ninth Circuit Court of Appeals indefinitely extended their stay on the overturn of DADT.
In an eight-page order, the judges said they were persuaded by the Department of Justice’s argument that U.S. District Court Judge Virginia Phillips’ worldwide injunction against the 1993 policy “will seriously disrupt ongoing and determined efforts by the Administration to devise an orderly change of policy.” Monday’s decision means gay Americans who disclose their sexual orientations still can’t enlist in the armed forces and can be discharged. It also heightens pressure on the Obama administration to persuade the U.S. Senate to repeal the 1993 law before a new Congress is sworn in.
The Court also gave the DOJ until January 24th to file their broader appeal against Judge Phillips’ ruling. And the Log Cabin Republicans now have until February 22nd to respond to that.
“Today’s ruling means additional months or even years of needless suffering by lesbian, gay and bisexual service members, who must continue to live in fear of discovery until the appeals process is complete – or until Congress or the President steps up to the plate. But it’s important to remember that today’s ruling was not: a consideration of the merits of the case. That remains for another day. Each day that ‘Don’t Ask, Don’t Tell’ remains in effect, it destroys lives and careers, undermines national security, and forces the discharge of the very personnel our military needs in a time of war. The pressure is now on Congress to repeal this fundamentally un-American law – and on the President, who can issue a stop-loss order to put an immediate end to discharges under ‘Don’t Ask, Don’t Tell.'”
Log Cabin Republicans
“Log Cabin Republicans is disappointed that ‘Don’t Ask, Don’t Tell’ will continue to burden our armed forces, undermine national security and limit the freedom of our men and women in uniform. Despite this temporary setback, Log Cabin remains confident that we will ultimately prevail on behalf of servicemembers’ constitutional rights. In the meantime, we urge President Obama to use his statutory stop-loss power to halt discharges under this discriminatory and wasteful policy.”
Human Rights Campaign
“Every day that ‘Don’t Ask, Don’t Tell’ is in force, Americans are losing out on the best and brightest service members defending our country. For the good of our national security, the endless legal wrangling and political posturing has to stop. This is the year for the President to lead and for Congress to clean up the mess it made when it enacted this discriminatory and unconstitutional law nearly two decades ago.”
“It is really unfortunate that the government has tricked the Ninth Circuit into believing that ‘enormous consequences,’ ‘immediate harm,’ and ‘irreparable injury’ will result from a continuation of the injunction,” said Alexander Nicholson, Executive Director of Servicemembers United and the only named veteran plaintiff in the case. “By the government’s own admission elsewhere, none of these predicted consequences or injuries have come to pass while the law has been enjoined, and the Defense Department has even voluntarily created a de facto moratorium on discharges by further increasing the level of discharge authority. It is concerning that the government can so blatantly pull one over on an appeals court, and it is equally frustrating that such a distinguished court would allow itself to be fooled so obviously and so publicly in the name of ‘deference.’ Abdication is more like it.”
More reactions will be added to this post as they arrive.