Federal Appeals Court Blocks Order to End DADT Policy

On Monday, a panel of the 9th US Circuit Court of Appeals extended the freeze on an order by U. S. District Judge Virginia Phillips halting the enforcement of DADT.  The panel of judges was persuaded by the government’s argument that suddenly ending the prohibition on gays and lesbians serving openly in the military could have a deleterious effect. In their majority order, Judges Diarmuid F. O’Scannlain and Stephen S. Trott wrote the following:

– “The public interest in enduring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay.”

– “Furthermore, if the administration is successful in persuading Congress to eliminate (the policy), this case and controversy will become moot.”

Dan Woods, the lawyer for the Log Cabin Republicans who brought the suit, said the decision was “a disappointment not only to us, but also to all homosexual service members who bravely put themselves in harm’s way so that we can all enjoy the constitutional rights and freedoms that they themselves are being denied.” Woods also said that he would discuss whether to appeal the ruling to the U. S. Supreme Court with his clients.

Here we go again. I’m no lawyer–but I think DADT is a discriminatory policy against a group of Americans and, as such, has got to be unconstitutional. That’s my story–and I’m sticking to it. 

How about instituting a new military policy called DD–Don’t Discriminate?

Other recent posts on the subject of DADT at the Turley blog:

Don’t Ask, Don’t Tell Policy Found Unconstitutional

Obama Administration Announces Appeal To Reverse Same Sex Marriage Victory

Federal Judge Imposes Nationwide Injunction of Don’t Ask Don’t Tell

Obama Administration Loses Effort To Block Injunction of Don’t Ask Don’t Tell — Announces Appeal To Reverse Victory Over DADT

Obama Administration Secures Stay to Continue to Bar Gays and Lesbians From Military Service



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– Elaine Magliaro, Guest Blogger

12 thoughts on “Federal Appeals Court Blocks Order to End DADT Policy”

  1. The Log Cabin Republicans have asked the Supreme Court to block the Ninth Circuit panel’s decision to stay the District Court’s decision.

  2. DADTWYAIFOTDATDP: Don’t Ask, Don’t Tell Whether You Are In Favor Of The “Don’t Ask Don’t Tell” Policy. Then maybe we could argue that people against it don’t feel comfortable sharing a shower or room with people in favor, and that all in favor should be disbanded.

    Hey, I have another idea. If gay and straight cannot co-exist, how to choose which group to disband? How about disbanding all straight soldiers?

  3. @Ron: This is a “controversy” in legal terms. Two sides disagree over the decision of the district court, therefore it is a controversy.

    Your ad hominem attack—on the jurists who did not “reinstate” the ban but merely maintained it until arguments are heard—is ridiculous and without merit. It is ridiculous to think that one district court judge can decide issues with such national importance without an appellate court hearing the case.

  4. Clearly the 9th US Circuit Court of Appeals is loaded with unthinking politically oriented and motivated jurists and not human beings. Otherwise they would understand that this is NOT a “controversy”. This is about the rights of individual Americans. Our country has a huge number of talented intelligent individuals that are being prevented from defending our country from its enemies. I hope that history records the names of each of these jurists that voted to reinstate the ban and I hope that they will be remembered and scorned for centuries to come as Scum Sucking Lowlife Filth.

  5. Bloiuse: They will put it up for a vote and McCain will filibuster as he has promised, and I don’t know what will happen after that.

  6. Blouise,

    I think it may be too late for Obama to get credit for the repeal of DADT–if it ever IS repealed. I think too many of us who had hoped to see that military policy repealed are fed up with the “doublespeak” and are tired of waiting.

  7. pete
    1, November 2, 2010 at 8:29 am
    does anyone have a coherent explanation why THIS administration is doing this?


    This may be cynical on my part but I believe it’s political in that a republican group brought the suit and Obama wants the credit when DADT is repealed … just in time for 2012. Minority groups are always a football for politicians … humanity seldom comes into play.

  8. Got to agree with culheath there. That line reeks of both homophobia AND a judiciary tainted by militarism. Hell, look at the verb choice alone: “militates”.

    DADT isn’t complex.

    It’s discrimination.

    End of story.

  9. “The public interest in enduring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay.”

    There are loads and then there are particularly fetid loads. Those ruts in the road you see are from the dragging heels of the phobes.

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