9th U.S. Circuit Court Of Appeals Upholds DADT

From the AP:

Appeals court keeps military gay policy for now



SAN FRANCISCO – A federal appeals court says the military should keep in place its "don't ask, don't tell" policy for now.



The 9th U.S. Circuit Court of Appeals on Wednesday granted the Obama administration's request for a temporary freeze of a California-based federal judge's order telling the military to stop enforcing the policy.



The 1993 law says gays may serve but only if they keep secret their sexual orientation.



Government lawyers sought to suspend the ruling while appeals were pending, arguing that it would pose a major problem for the military. They said it could encourage service members to reveal their sexual orientation before the issue is fully decided.



President Barack Obama says he supports repeal of the policy, but only after careful review and an act of Congress.



THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.



WASHINGTON (AP) — The Obama administration on Wednesday asked a federal appeals court to immediately suspend a judge's ruling that overturned the military's "don't ask, don't tell" policy on gays.


The government says it wants the 9th U.S. Circuit Court of Appeals in San Francisco to take action on Wednesday. The federal government is preparing arguments for the appeals court on why the ruling on "don't ask, don't tell" should be suspended while the case is appealed.



The Obama administration says it is in favor of repealing the law. However, the government says that letting the ruling of U.S. District Judge Virginia Phillips to go forward immediately would be a major problem for the military.



Leaving the judge's decision in place now "would create tremendous uncertainty about the status of servicemembers who may reveal their sexual orientation in reliance on the district court's decision and injunction," the Justice Department said in its latest appeals court filing.



"Effectively developing proper training and guidance with respect to a change in policy will take time and effort," the court papers added. "The district court's injunction does not permit sufficient time for such training to occur, especially for commanders and servicemembers serving in active combat."