The U.S. District Judge, Virginia Phillips, has tentatively rejected the request to stay her decision to ban Pentagon’s “don’t ask, don’t tell” policy with immediate effect. She said that the federal government had not given enough evidence to prove that her ruling would cause damage to the troop morale as they fought two battles on foreign shores. She said that the policy caused unwanted discharge of servicemen who could otherwise provide crucial services to the forces. The government lawyers plan on appealing in the U.S. 9th Circuit Court of Appeals and to the Supreme Court, if necessary.
The “don’t ask, don’t tell” policy was enacted by the Congress in 1993 in an effort to reform the military policy of actively seeking out and discharging gay servicemen. Under this policy, the servicemen are free to work in the military as long as they don’t reveal that they are gay.
Judge Phillips had been ruling in a case filed by Log Cabin Republicans, one of the largest organizations representing the interests of the gay community. Aaron Tax, the network's legal director said that although this is good news for the gay and lesbian service people, they might be targeted if either the judge accepts the stay or the 9th Circuit sets aside the ruling. Therefore he advised the members of the community to exercise caution and not reveal their sexual preference now.
The question remains whether Judge Phillips has gone over her limits when she ordered a nation wide enforcement of her ban or whether her ruling holds good only in the Southern California district.
Judge Phillips’ ruling has placed President Obama in a tight spot just before the midterm elections. Although he opposes the policy and strongly feels that nobody should be forced to lie in order to serve the country, he risks alienating his base of Republican voters if he attempts seeking a stay order. On the other hand, his administration’s hands are tied in the decision of an appeal as that is the norm followed by the Congress.
