'Don't ask, don't tell' US army policy to stay in place

A federal appeals court 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 last night, the US 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 order is the latest twist in the legal limbo gay service members have found themselves in as the policy is fought in the courts simultaneous to its slow dismantling by the federal government, which expects to do away with it by later this year.

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.

Friday's ruling was supported by Servicemembers United, an organization of gay and lesbian troops and veterans, but the group's executive director Alexander Nicholson voiced frustration over the slow process of dismantling "don't ask, don't tell."

"The situation with finally ending this outdated and discriminatory federal policy has become absolutely ridiculous," said Nicholson. "It is simply not right to put the men and women of our armed forces through this circus any longer."

The ruling didn't elaborate on Hummer's declaration. The Department of Justice said in a statement that it asked the court to reconsider its order "to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal."

It said senior military leaders are expected to make their decision on certifying repeal within the next few weeks. In the meantime, the Justice Department said "it remains the policy of the Department of Defense not to ask service members or applicants about their sexual orientation, to treat all members with dignity and respect, and to ensure maintenance of good order and discipline."

The Justice Department noted that the Defense Department has discharged only one service member since Congress voted to repeal the policy, and that was done at the request of the service member.

Last year's ruling by the appeals court stemmed from a lawsuit filed by the Log Cabin Republicans against the Department of Justice.

The gay rights group persuaded U.S. District Court Judge Virginia Phillips to impose a worldwide injunction halting the ban last October, but the appeals court granted the government a stay, saying it wanted to give the military time to implement such a historical change.