A Ninth Circuit Court of Appeals panel — Judges Alex Kozinski, Kim Wardlaw and Richard Paez — issued a ruling today lifting the stay of Judge Virginia Phillips’ judgment that stopped the worldwide enforcement of Don’t-Ask-Don’t-Tell.
In an order issued by a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, U.S. District Court Judge Virginia Phillips’s judgment halting the worldwide enforcement of “Don’t Ask, Don’t Tell” as a result of her decision in Log Cabin Republicans v. United States has been put back in effect.
DADT cannot be enforced, per the order, unless the government gets a stay of the order from either the Ninth Circuit of the U.S. Supreme Court pending an appeal of today’s decision.
From Servicemembers United, via email:
WASHINGTON, DC – Servicemembers United, the nation’s largest organization of gay and lesbian troops and veterans, today enthusiastically applauded the order issued by the Ninth Circuit Court of Appeals lifting its own stay of a lower court’s injunction barring enforcement of the “Don’t Ask, Don’t Tell” law. This move once again renders “Don’t Ask, Don’t Tell” unenforceable by the Pentagon.
“With the wait for certification dragging out beyond a reasonable time frame, the Court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell,’ and this time it very well may be for good,” said Alexander Nicholson, Executive Director of Servicemembers United and the sole veteran plaintiff on the case. “I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran on this lawsuit. Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law.”
From Aubrey Sarvis, Executive Director of Servicemembers Legal Defense Network, via email:
(Washington, DC) Army Veteran and Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis issued the following statement on the decision by the Ninth Circuit Court of Appeals today to reinstate the injunction on enforcement of the “Don’t Ask, Don’t Tell” (DADT) law in the Log Cabin Republicans vs. United States case.
“Today’s decision by the Ninth Circuit Court of Appeals is most welcomed. It’s the hope of Servicemembers Legal Defense Network that this favorable ruling will not be challenged by the Defense Department. In fact, this whole matter could have been avoided had we had certification back in the spring. It’s time to get on with that important certification, end the DADT confusion for all service members, and put a final end to this misguided policy.”