Military to Comply with Court DADT Order

Written by FrumForum News on Friday October 15, 2010

The Washington Post reports:

The Pentagon announced Thursday that it will comply with a court order to stop enforcing its "don't ask, don't tell" policy barring gays from serving openly in the military, even as the Obama administration asked a federal judge to delay implementation of the ruling.

Officials say they need time to institute new policies to ensure that the change won't affect combat readiness or morale. The administration has said it will appeal the ruling to the the U.S. Court of Appeals for the 9th Circuit.

In the meantime, "the Department of Defense will of course obey the law," Col. Dave Lapan, a department spokesman, said in an e-mail to reporters. The Pentagon will cease investigations and discharges of service members found to be in violation of the policy, officials said.

Despite the Pentagon's announcement, the Servicemembers Legal Defense Fund, a group that supports ending the ban, has encouraged gay military members not to disclose their sexual orientation.

"It is clear there is confusion, and this interim period is dangerous for service members," Executive Director Aubrey Sarvis said in a statement. "Our service members need finality."

In September, District Judge Virginia A. Phillips ruled that the 17-year-old policy violates due process and the First Amendment rights of gay service members. Rather than being necessary for military readiness, she said, the policy has a "direct and deleterious effect" on the armed forces. On Tuesday, she ordered the military to comply immediately with her ruling.

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