Pentagon Will Abide by Order Against Ban on Gays
October 14, 2010, 5:01 PM EDT
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e-mail this story print this story 0diggsdiggadd to Business Exchange By Tony Capaccio
(Updates with Obama quotes in sixth, ninth paragraphs.)
Oct. 14 (Bloomberg) -- The U.S. Defense Department said it will abide for now by a federal court order against enforcement of the military’s “Don’t Ask, Don’t Tell” ban against service by openly gay soldiers.
The government in the meantime is considering whether to appeal the ruling and seek a stay during the appeal, said an e- mailed statement from Pentagon spokesman Colonel Dave Lapan.
U.S. District Judge Virginia A. Phillips in Riverside, California, ordered the military on Oct. 12 to “immediately suspend and discontinue any investigation, or discharge, separation or other proceeding” under the policy against anyone in its command.
Phillips ruled last month that the “Don’t Ask, Don’t Tell” policy was unconstitutional. This week, she rejected the government’s request to limit the earlier ruling only to members of the Log Cabin Republicans, the group promoting equal rights for gays and lesbians that sued the Defense Department to overturn the policy.
President Barack Obama pledged in his January 2010 State of the Union address to lift the prohibition on gays and lesbians serving openly in the military, and the Defense Department is conducting a review of how the ban would be ended. Its findings are scheduled to be completed Dec. 1.
‘End on My Watch’
“Anybody should be able to serve, and they should not have to lie about who they are in order to serve,” Obama said today in response to a question at a televised town hall in Washington for young voters. “This policy will end. It will end on my watch.”
The House of Representatives passed legislation on May 28 that would repeal the “Don’t Ask, Don’t Tell” policy enacted under President Bill Clinton in 1993. The Senate on Sept. 21 failed to pass a similar measure.
White House press secretary Robert Gibbs today said the Senate should act on the repeal legislation. “The policy needs to be changed and should be changed,” Gibbs told reporters.
“This is not a situation in which with a stroke of a pen I can end the policy,” Obama said at the town hall, carried live on the Viacom Inc. cable channels BET, MTV, VH1 and CMT.
The military discharged 259 men and 169 women last year under the law. As many as 66,000 gay men and women may be serving in the U.S. military, about 2.2 percent of all personnel, including 13,000 on active duty, according to a study by the Williams Institute of the University of California at Los Angeles School of Law.
The case is Log Cabin Republicans v. U.S., 04-08425, U.S. District Court, Central District of California (Riverside).
--With assistance from Nicholas Johnston in Washington. Editors: Bob Drummond, Robin Meszoly.
To contact the reporter on this story: Anthony Capaccio in Washington at acapaccio@bloomberg.net
To contact the editor responsible for this story: Mark Silva at msilva34@bloomberg.net
And, also, related from the AP and Yahoo News and Alliance Defense Fund:
Thu Oct 14, 4:38 pm ET
Obama administration asks for stay on ‘Don’t ask’ ruling
By Liz Goodwin
Buzz up! ..By Liz Goodwin liz Goodwin – Thu Oct 14, 4:38 pm ET
The Justice Department has asked for a stay to a federal judge's ruling that outlaws "Don't ask, don't tell," the Pentagon's ban on openly gay service.
Justice Department lawyers wrote that they will take their emergency request for a stay to the Ninth U.S. Circuit of Appeals if the judge denies it. They argue [pdf] that the Department of Defense needs time to complete its review of how to repeal the military's ban on gay soldiers.
"The immediate implementation of the injunction would disrupt this review and frustrate the Secretary's ability to recommend and implement policies that would ensure that any repeal of DADT does not irreparably harm the government's critical interests in military readiness, combat effectiveness, unit cohesion, morale, good order, discipline, and recruiting and retention of the Armed Forces," they wrote.
Justice Department spokeswoman Tracy Schmaler said in a statement that Obama opposes the law, even though his administration is defending it in court.
"The President believes and has repeatedly affirmed that 'Don't Ask, Don't Tell' is a bad policy that harms our national security and undermines our military effectiveness because it requires the discharge of brave Americans who wish to serve this country honorably," she said. "The President and his Administration are working with the military leadership and Congress to repeal this law."
President Obama has said he prefers that Congress repeal it, instead of the courts striking it down. The Senate failed to end the policy last month, when Republicans led by Sen. John McCain argued the Pentagon needed more time to study how to end the policy.
Secretary of Defense Robert Gates warned yesterday of "enormous consequences for our troops" if the policy is repealed without "careful preparation and a lot of training." The Pentagon says it will release guidelines on how to implement a repeal of the ban.
Gay rights advocates argue that waiting for Congress to act could take years -- and that in the meantime, gay soldiers' fundamental rights are being violated
"After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend 'Don't ask, don't tell,' " Christian Berle, leader of the Log Cabin Republicans, said in a statement. The group filed the lawsuit in 2004. Dan Woods, the lawyer who is representing Log Cabin Republicans, said he will continue to fight any appeals in court.
"The Department of Justice is under no obligation to appeal this ruling," Aaron Belkin, director of the Palm Center, which supports open service for gay troops, told Stars and Stripes. "Should the administration continue to insist on waiting for congressional action, we may have to wait many more years for the Pentagon to stop firing qualified men and women under this discriminatory policy."
(Photo of a "Don't ask" protester in front of the White House: AP)
And, also, related from Alliance Defense Fund and Politico:
October 14, 2010
Categories:Miscellaneous.Pentagon accused of ignoring 'don't ask' ruling
A gay organization is accusing the Defense Department of ignoring a federal judge's order issued Tuesday barring enforcement of the "don't ask, don't tell" policy for gay service members.
The Log Cabin Republicans, which brought the lawsuit that led to Judge Virginia Phillips's injunction against "don't ask," says a New York Times report that a sailor discharged under "don't ask" was turned away from a Navy recruiting station in Texas on Wednesday raises questions about whether the Pentagon is complying with the court order.
"According to the Times article, 'recruiters turned [the ex-sailor] away hastily, saying they had no knowledge of any injunction,'" Log Cabin lawyer Dan Woods wrote in a letter Thursday to the Justice Department. "If The New York Times report is accurate, the Defense Department would appear to be in violation of the court's injunction and subject to citation for contempt."
"The government has taken steps to comply with the judge's order," Justice Department spokeswoman Tracy Schmaler said Thursday afternoon.
Defense Department officials have rebuffed press questions for two days about how or whether they intend to comply with the order. However, White House press secretary Robert Gibbs said Thursday that the Pentagon is working on instructions to its personnel about how to comply with the judge's order.
"The Department of Defense is working on guidance for the entire chain of command that should be ready and out soon," Gibbs said. He also said President Barack Obama has been "very involved" in discussions about the policy as the administration decides whether to appeal Phillips's ruling.
In his letter, Woods noted that when a judge enjoined the military's ban on gays in 1993, the Pentagon acted within 24 hours to advise its personnel of the ruling, which was quickly reversed.
"The means of communication have only improved since 1993, and we have little doubt that your clients could have issued a similar directive by yesterday," Woods wrote.
UPDATE: This post has been updated with Gibbs's comments.
UPDATE 2: This post has been updated with comments from the Justice Department.
Posted by Josh Gerstein 02:03 PM
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