A federal court ruling last weeks has opened the way for openly gay recruits to join the military after striking down the controversial policy of “don’t ask, don’t tell” which previously governed the military’s stance on homosexual soldiers.
A spokeswoman for the Pentagon, Cynthia Smith has said that the repeal of the “don’t ask, don’t tell” law comes in response to the ruling of a California federal judge who said that the law, implemented in 1993 under President Bill Clinton, is unconstitutional.
The judge who made the ruling, Virginia Phillips, on Tuesday denied the Obama administration’s stay request to delay the implementation of the repeal. A statement from the Justice Department confirms that the administration will continue to appeal the ruling at the appellate court situation in San Francisco.
A memo from the Pentagon has said openly gay recruits can begin the process of enlisting, however they must be aware of the consequences of what may happen later, given that a “certain amount of uncertainty now exists about the future of the 'don't ask, don't tell' law." The memo read. "During the process, they (recruiters) will say, 'You have to be mindful that this could be overturned.' "
There is hesitation on the part of the gay community, and advocates of the repeal, because of the uncertainty over the law. "If you come out now, it can be used against you in the future by the Pentagon," said a statement from the Servicemembers Legal Defense Network.
