Saturday, July 16, 2011

Don't Ask, Don't Tell, Don't Tell Me It's Back

And it is, as the Obama Administration has asked and received a stay on a federal court order to stop enforcing it, meaning for now DADT is the law of the land again.
 Obama signed legislation in December to repeal "Don't Ask, Don't Tell," but the bill gave the Pentagon an unlimited time frame to implement the change, leading up to a final "certification" of the repeal.

In the meantime, a separate challenge to the policy had advanced in the federal court system, where last week the 9th U.S. Circuit Court panel upheld a lower-court decision declaring "Don't Ask, Don't Tell" unconstitutional and ordered the military to immediately lift the ban.

In their latest ruling, the judges said that, based on information provided by government lawyers, senior military officials have made plans to end "Don't Ask, Don't Tell" and that certification will be presented to Obama by the end of July or in early August.

The judges' three-page order also states that only one military service member has been discharged for being openly gay since the passage of the repeal act in December.

The judges stated that "in order to provide this court with an opportunity to consider fully the issues presented in light of these previously undisclosed facts" it was temporarily reinstating the policy.
But the order also blocks the military "from investigating, penalizing or discharging anyone from the military pursuant to the Don't Ask, Don't Tell policy."


So the law exists, technically...but it can't be enforced, and the Pentagon will certify its end by the end of next month.  It seems more a procedural hurdle more than anything else, but that's the way it goes, I guess.

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