The 9th Circuit Appeals Court in California has issued the stay that the federal government requested for. This temporary stay order reverses Judge Phillip’s court order enforcing immediate worldwide ban of the “don’t ask, don’t tell” policy. Under this policy, gay and lesbian servicemen can serve in the military if they are not open about their sexual preferences. This policy had come into force in 1993, amending the policy of the military to seek out and dismiss gay and lesbian military personnel.
Last week, U.S. District Judge Virginia Phillips was ruling in a case filed by the Log Cabin Representatives, when she termed the 17 year old policy unconstitutional and worthy of immediate world wide ban. She felt that the policy led to the loss of servicemen whose services were critical during combat.
The government lawyers had asked for a stay citing that the immediate change of policy would affect the morale and combat effectiveness of American troops engaged in two battles on foreign shores. Judge Phillips had refused the stay saying that the lawyers had not given enough evidence to back their claims. She added that continuing the policy itself would have corroding effect on the troops’ morale. In tune with her injunction, Pentagon had issued a memo saying that openly gay recruits are now free to begin the process of joining the military.
The present stay issued by the Appeals Court has put an end to all that. The court has given the federal lawyer time till the 25th of October to present their argument as to why the ban should not be enforced immediately. The administration officials feel that the policy change should be done by the Congress and that it should be done slowly. They do not approve of the sudden change ordered by the court.
This has put President Obama in a corner. He is obliged to
defend the laws of the nation from constitutional challenges and he also has
the authority to amend the same law he is obliged to defend.
