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"Don't Ask, Don't Tell" Injunction Puts Military Gays in Limbo

Olga Khazan |
October 15, 2010 | 10:19 a.m. PDT

Senior Editor

After the Obama administration's stay, gays in the military face an uncertain future.
After the Obama administration's stay, gays in the military face an uncertain future.

Two days after the U.S. military's policy of "don't ask, don't tell" was suspended, the fate of gays in the military is up in the air as the Pentagon considers stopping a judge's order to allow gays to serve openly. Here's what's happened so far:

On Wednesday, U.S. District Judge Virginia Phillips ordered the military to suspend any investigation or discharge of gay service members. Conservative commentators were outraged, calling Phillips an activist judge out to reshape the U.S. military.

Yesterday, an internal Air Force e-mail said the Department of Defense would immediately abide by the permanent injunction. But at the same time, the U.S. Justice Department asked for a stay of the injunction in a 48-page plea saying "the military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the nation is involved in combat operations overseas."

From the AP:

"On Wednesday, Gates told reporters traveling with him in Europe that repeal of the "don't ask, don't tell" law should be considered only after the Pentagon completes a study of the impact of lifting the ban, including an assessment of service members' attitudes toward the change. The study is due Dec. 1."

Gay rights groups denounced the stay, especially since President Obama has repeatedly spoken out against discrimination on the basis of sexual orientation. At a Thursday townhall meeting Obama said, "This policy will end, and it will end on my watch."



 

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