Ninth Circuit Court of Appeals Issues Temporary Stay of "Don't Ask, Don't Tell" Injunction
Servicemembers Legal Defense Network ( SLDN ) response:
WASHINGTON, D.C. — Servicemembers Legal Defense Network ( SLDN ) , a national, legal services and policy organization dedicated to ending "Don't Ask, Don't Tell" ( DADT ) , issued a statement today on the 9th Circuit Court of Appeals issuing a temporary stay in the case of Log Cabin Republicans v. United States. Last week, U.S. District Judge Virginia A. Phillips ordered an injunction that suspended and discontinued any investigation or discharge.
Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:
"This interim temporary stay means that 'Don't Ask, Don't Tell' is once again on the books, and is likely to be enforced by the Defense Department. Gay and lesbian service members deserve better treatment than they are getting with this ruling. We now must look to the Senate next month in the lame duck session to bring about the swift certainty needed here and to repeal this unjust law that serves no useful purpose."
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WARNING: Gay and lesbian service members OR those interested in signing up to serve and have questions may contact the SLDN hotline to speak with a staff attorney: 202-328-3244 x100. SLDN also re-issued its warning to active-duty service members, including those in the reserves and the national guard, to know they're at risk. Anyone with questions or concerns should call our hotline or visit: www.SLDN.org/StillAtRisk.
Statement by Aaron Belkin, Director of the Palm Center:
"The RAND Corporation found seventeen years ago that the best path to allowing open gay service would be to swiftly end the policy and make a clear statement to all branches of the military. The more the courts and politicians treat ending 'don't ask, don't tell' as a vast upheaval of existing policy requiring months of preparation, the further they deviate from the course that has been shown to be best for our service members."
The Palm Center is a think tank at the University of California, Santa Barbara. Since 1998, the Center has been a leader in commissioning and disseminating research in the areas of gender, sexuality, and the military. For more information, visit www.palmcenter.org .
ACLU response to appeals court allowing "Don't Ask, Don't Tell" to continue
NEW YORK - A federal appeals court today agreed to temporarily block a district court's order enjoining the military's discriminatory "Don't Ask, Don't Tell" policy.
The Department of Justice ( DOJ ) sought an emergency order from the Ninth Circuit Court of Appeals to block U. S. District Court Judge Virginia Phillips' injunction of the policy after Judge Phillips denied the DOJ's request for a stay of that order on Tuesday.
Statement by James Esseks, Director of the American Civil Liberties Union Lesbian, Gay, Bisexual and Transgender Project:
"We are disappointed that the appeals court has allowed this unconstitutional and discriminatory policy to continue for even one more day, despite the district court's order to stop enforcement. 'Don't Ask, Don't Tell' has compromised the effectiveness of our military for far too long. We urge the DOJ to drop its efforts to appeal, and to let stand Judge Phillips' order banning the policy."
Ninth Circuit Court of Appeals Grants Brief Stay of Injunction Against 'Don't Ask, Don't Tell'
( Washington, DC ) - The Ninth Circuit Court of Appeals has granted the Obama administration's request for a temporary stay of the injunction against 'Don't Ask, Don't Tell' pending further argument regarding imposing a stay throughout the course of the appeal. The injunction, which halts enforcement of the policy, has been in force since October 12th.
"Today the President Obama and his attorneys have prolonged the injustice that is 'Don't Ask, Don't Tell' at the expense of the constitutional rights of gay and lesbian servicemembers," said R. Clarke Cooper, Executive Director of Log Cabin Republicans. "For over eight days the armed forces have not only survived but thrived without the burden of this failed policy. It is disappointing the Obama administration has forced the military into a see-saw of 'on-again, off-again' enforcement of a law which remains an unnecessary distraction for military commanders and their subordinates."
"While we are disappointed with the court's ruling granting a temporary administrative stay, we view the decision as nothing more than a minor setback," said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans v. United States of America. "We didn't come this far to quit now, and we expect that once the Ninth Circuit has received and considered full briefing on the government's application for a stay, it will deny that application, and the district court's injunction, which it entered after hearing all the evidence in the case, will remain in place until the appeal is finally decided."
HRC Statement on 9th Circuit Stay of "Don't Ask, Don't Tell" Decision
WASHINGTON — Today the 9th Circuit U.S. Court of Appeals stayed Judge Virginia Phillip's injunction regarding the "Don't Ask, Don't Tell" law, in effect reviving the law that bars openly gay, lesbian and bisexual service members. Human Rights Campaign President Joe Solmonese released the following statement:
"The revival of the 'Don't Ask, Don't Tell' law is a sad day for all Americans who want the best and brightest service members defending our country. Today's decision only furthers our resolve to send this law to the dustbin of history and also draws a spotlight on the administration to make good on their pledge to end these discharges that damage our national security."
The Human Rights Campaign is America's largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
