Wednesday, July 06, 2011

DADT struck down by Federal Appeals Court

Via AP:

SAN FRANCISCO — A federal appeals court ordered the U.S. government on Wednesday to immediately cease enforcing the longstanding ban on openly gay members of the military.

In a brief two-page order, a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said the "don't ask, don't tell" policy must be lifted now that the Obama administration has concluded it's unconstitutional to treat gay Americans differently under the law.

After the government appealed U.S. District Judge Virginia Phillips' decision, the 9th Circuit agreed to keep the policy in place until it could consider the matter. The appeals court reversed itself with Wednesday's order by lifting its hold on Phillips' decision.

The appeals court noted that Congress repealed the policy in December and that the Pentagon is preparing to certify that it is ready to welcome gay military personnel. It was not immediately clear what effect the court's ruling would have on the timeline for eliminating the ban.

Dan Woods, the lawyer representing Log Cabin Republicans, said that unless the administration appeals the order to the U.S. Supreme Court, "don't ask, don't tell is over."

No comments: