Federal Court Reinstates "Don't Ask, Don't Tell"

Written by FrumForum News on Saturday July 16, 2011

The Associated Press reports:

A federal appeals court late Friday ordered the military to temporarily continue its "don't ask, don't tell" policy for openly gay service members, responding to a request from the Obama administration.

In its three-page decision, the U.S. 9th Circuit Court of Appeals said the ruling was based on new information provided by the federal government, including a declaration from Major General Steven A. Hummer, who is leading the effort to repeal the policy.

The court said it was upholding an earlier ruling to keep the policy in place "in order to provide this court with an opportunity to consider fully the issues presented in the light of these previously undisclosed facts."

Despite the delay in dismantling the controversial policy, the ruling bars the federal government from investigating, penalizing or discharging anyone pursuant to "don't ask, don't tell."

The court of appeals had halted "don't ask, don't tell" July 6 but the Department of Justice filed an emergency motion Thursday saying ending the policy now would pre-empt the orderly process for rolling it back, per a law signed by President Barack Obama in December.

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