In a case brought by the Log Cabin Republicans, a gay advocacy group comprising of current and former military members, District Judge Virginia A. Phillips had ruled that the policy of ‘don’t ask, don’t tell’ violates the First Amendment rights of the gay servicemen. She felt that the policy had no bearing on the military readiness and instead had a corroding effect on the military. On Tuesday, she asked the military to enforce her ruling with immediate effect. The administration says that they are going to appeal against the ruling in U.S. Court of Appeals. Meanwhile, the officials say that they need time to put new policies in place to ensure that the combat morale of the troops is not affected by the change. The Pentagon says that it will comply immediately even as the Obama administration asked for delay in implementation of the ruling.
The ‘don’t ask, don’t tell’ policy bars openly homosexual people from serving in the military services. In another related case, a judge in Washington court ordered the reinstatement of an Air Force official who was dismissed for revealing that she was a lesbian.
The gay rights activists have been frustrated with the government’s lack of action on the policy and say that the appeal for stay of the court order shows the lack of leadership from the White House on equality issues. However, President Obama says he has always said that the policy is a bad one and that it harms the army effectiveness and morale. He says that the decision to enforce the court ruling is not with him and that his hands are tied till the Senate decides to act.
The Department of Justice defends it decision to appeal for a stay of the ruling. Spokeswoman Tracy Schmaler announced that the appeal is just the routine way the Department of Justice reacts when an act of the Congress is challenged
