DOJ Seeks Emergency Stay on "Don't Ask" Ruling

The Obama administration on Wednesday asked a U.S. appeals court to immediately suspend a judge's ruling that overturned the military's "don't ask, don't tell" policy on gays.

The government says it wants the U.S. Court of Appeals in San Francisco to take action on Wednesday. The federal government is preparing arguments for the appeals court on why the ruling on "don't ask, don't tell" should be suspended while the case is appealed.

Emergency Motion under Circuit Rule 27-3

The appeal comes after U.S. District Judge Virginia Phillips denied a government request to delay her order halting the military from enforcing its ban on openly gay troops, saying that safeguarding constitutional rights outweighed the government's unproven concerns of the order's impact on military readiness and unit cohesion.

Subsequently, discharged gay troops have begun to seek re-enlistment.

The Obama administration says it is in favor of repealing the law. However, the government says that letting the ruling of U.S. District Judge Virginia Phillips go forward immediately would be a major problem for the military.

"The President strongly supports repeal of the statute that the district court has found unconstitutional, a position shared by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff," reads the stay, which cites that Comprehensive Review Working Group is near completing a comprehensive review on how to best implement a repeal of "don't ask, don't tell."

"Effectively developing proper training and guidance with respect to a change in policy will take time and effort," the court papers added. "The district court's injunction does not permit sufficient time for such training to occur, especially for commanders and servicemembers serving in active combat."

More "Don't Ask, Don't Tell" Coverage

Judge Denies Delay on Gay Troops Order
Pentagon to Recruiters: Accept Gay Applicants
Will "Don't Ask" Appeal Hurt Democrats at Polls?
Pentagon to Gay Troops: Stay in Closet For Now
Gov't Wants "Don't Ask" Policy to Stay for Now
Obama May Seek Fast Appeal of "Don't Ask" Order
Gates: Court Shouldn't Set Policy on "Don't Ask"

[ConcernedArmyWife]

We are in a very sad state of affairs. Soldiers come back from Iraq and Afganistan maimed(physically and mentally) or in coffins and it only gets a bi-line on the evening news or a small chuck in some newspaper. We pump these soldiers full of medications and send them somewhere to scratch out a meager existance after they have given almost (some cases all) everything for you people. There are straight and homosexuals in those ranks and no one knows the difference. They're all soldiers nobody gives a d@mn what their sexual preferences are. But, homosexuals finally decide that they want to fight to be able to serve "openly" and it catches worldwide attention. There are so many other things that are more important than homosexuals trying to force the military to create a double standard for them. AND THIS IS WHAT THE WORLD GRAVITATES TO! How about we do something to help all these soldiers instead of trying to cuddle to somones hurt feelings because they couldn't follow the rules. How about reading the DOD's Equal Opportunity Policy....no service member is allowed to display or take part in any sexual activity that will bring about a hostile or uncomfortable working environment. That applied to everyone PERIOD. DADT allowed gay members to serve in the military as long as they kept it to themselves. That standards is required of all service members reguardless of their sexual orientation. Lets fix the things that really need fixing before we invite more problems on the brave men and women who serve.

[GunsInTheSky]

This shows you how much power the military industrial complex has over our policies. Killing more afghans will not make the US any safer. Allowing gays to serve openly will not make the US any less safe. Another lagacy of Reaganomics.

[Manslick]

Imagine "Wife Swap" being forced on you and it's someone whose way of living is repulsive to you.

[Manslick]

My point exactly slappy! The wife swap thing's a perfect analogy for why the court's rulling should be reversed.

[confused2byu]

"Military is mostly Southern-boy Christian Conservatives" - Are these the same Christain Conservatives who abuse prisons of war; shot civilians and then posted their pictures on the internet; had sex with male soldiers in the battlefield while their wifes were back in the state?

"Courts shouldn't be deciding DADT" - But it is okay for the courts to stike down Obamacare or reverse gun laws that don't support the right to bare arms?

"Straight soldiers don't want gay soldiers guarding their back." So they would rather get shot in the back by the enemy?

"Straights will stop enlisting or get out." What skills do they have that will ensure they can get a great civilian job?

Just asking.

[saddair]

That's the right to "bear" arms, not "bare" arms. Of course, most folks do like their right to "bare" arms when on the beach or working in the yard.

[rafaeldrc]

I believe Leo Tolstoy (War and Peace... Book7, Chapter 1, Paragraph 1) once said something about society having four classes: upper, middle, poor and the military. The problem here is that one of these classes seems to think they are apart the federal judicial system; that military code is separate and should be treated differently. We also have a waffling Administration that doesn't seem to know what side to take, except the expedient, not wanting to ruffle the feathers of the military, so they go with them. "Don't ask, don't tell", is a clear violation of the 14th Amendment. You cannot expect the perpetrator of a violation to protect their victims, therefore, a separate entity is needed with the power to inturrput and enforce law. Everyday, another gay person dies never enjoying the rights that were theirs to enjoy, that we "normals" enjoy and take for granted. It's time the military know they are not above the law nor an exception to the Constitution.

[TheKnowerseeker]

Whether it's a quick knife to the guts of our military or a slow one, it's all the same to me. Which is why I'll be voting Republican this time around, to try to reverse all this gay crap.

[RageAgainsTheMachine]

How is Obama's administration trying to stop the repeal of DODT any different than what the Bush administration has done?

Im a pretty hardcore Obama backer, just because of the idiots that the Republicans have ran in the last 3 presidential election cycles, but Obama is acting like a raging retard if he thinks alienating the gay vote in the next election will help him.

He speaks with a forked tongue, he claims to be against DODT but is now its biggest opponent.

Biggest problem with Obama, is his bipartisanship, you cant be bipartisan when the other party looks at working with democrats as treasonous, and his centrist political platform.

Id much rather have a Bernie Sanders as president, atleast hes unabashedly liberal than this Obama.

[Lifeson2112]

Obama, a centrist? That's laughable. He's about as far left as you can get.

[bajajohn1]

The President of the United States, as the Chief Executive, does have a duty to enforce the laws, unlike the dictator George Bush, who would enforce only those laws he favored. DADT is a law passed by the Congress. Get it? So Lifeson and Paid4congress spin your RetroRepublican remarks to those of your ilk.

[RealiteBites]

The problem with the Obama administration's opposition is the words they're choosing to oppose it - it just feels so slimy and creepy because it's SOOOOOO obvious they're trying to have it both ways. Like they're coming across as self-serving and only interested in politics when there's HUGE principles at stake. So icky. Icky because POTUS should be setting policy - if he wants DADT to stand, then that's his call. If he wants DADT to fall, then that's his call. But instead he's equivocating, and then that forced somebody WAY down the power structure to have to make the tough decisions - and the decision on the merits of the Constitutionality of DADT was right. That being said, legally she should have granted the stay based on the reasons for the request based on the logistical argument the Justice department put forward - but that being said, I'm not even sure the 9th Circuit'll grant the stay on appeal if they're asking for it so that they can file an appeal on the merits in which they plan to argue that it's up to Congress to overturn DADT as if the Courts weren't right to rule on the Constitutionality of legislation. No court is going to agree with that, nor should they. Give me a break ...

[bajajohn1]

This gay issue with DADT is a real poltical Catch22 for the administration. The Chief Excecutive must enforce the law while disdaining the law that he must enforce.

[smitvict]

Or he could follow the lead of the republican governor of California and just not appeal the decision - if he believes the law is unjust and unconstitutional.

[jlpimp]

People Politics. People Politics theirs never going to be a solution. Too many idiots with crazy illusions. Government wasting everyone?s time for no good reason. Just *********** around with petty ****. For the hard **** let?s get to it when the sky is on fire. No one has the right desire. Just wasting our time wasting our tax money with **** that should be common sense. Let?s not worry about petty ****. Stop acting like a twit. Gain some wits idiots. There is bigger fish to fry then this. But again people politics get the best of us again. It should be up to a majority of the People in the country. Not the politics at the top. People trying to keep their job that?s all it is. People Politics is draining out any enthusiasm people have in life. We have worse things to worry about. Stop having all this fricking doubt. Idiots at the ******* top you have got to stop. Your people politics are destroying us making more boundaries. To change policy it will take time and effort they say. We have to figure out if this is the right way. We would be so much farther with technology and healthcare if there was no PEOPLE POLITICS. PEOPLE POLITICS = Stalling. Stall somewhere else. To much **** to get done to be worrying about petty ****. Let?s see how much time we can waste on a threat of your mind. The nightmares you have in your head are not going to hurt anyone but you. The real threat is over there but these idiots are here just Bsing around with fear. PEOPLE POLITICS don?t take us down with your ***********.

[Lifeson2112]

A little early for happy hour don't you think?

[makemyday2day]

Don't be so quick to put the blame on President Obama one way or the other. He just MIGHT know what he's doing: Are you familiar with the UCMJ (Uniform Code of Military Justice)? You'd better heed this BEFORE signing the dotted line to enlist: Article 125 - which bans sodomy (and oral copulation) for heterosexuals and homosexuals. Here's exactly how the text reads: ?(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offense. (b) Any person found guilty of sodomy shall by punished as a court-martial may direct.? And if this isn't enough to scare you check out Article 80 (look it up, a little more lengthy but states the INTENT to commit an offense under this act shall be punished by courts martial. The UCMJ is Federal Law enacted by Congress. It is outdated and completely biased. If you enlist as an openly GLBT, all it takes is ONE commander who can make your life hell. REMEMBER: You're NOT dealing with Federal Courts/Laws, your under the Military Justice System. And according to an article in the "US News and World Reports" a few years ago, the military justice system has a 98% conviction rate! Are you willing to take these chances??? You'd better start contacting the President and Congress to CHANGE some of these archaic laws NOW!

[TheKnowerseeker]

Awesome. Thanks for letting us know that such codes exist. It would be just deserts for those pushy LGBs.

[ConcernedArmyWife]

@makemyday2day: These laws were not enacted to make civilians happy. They were enacted to oversee the good order and discipline of this countries first line of defense. These laws are designed to keep soldiers alive in combat and to ensure that the service members in the military are the right people to do that job. If military life was easy EVERYBODY would serve. Military life is not for everyone, its not glamorous and its not meant to be. You are messing with the people that protect you. They need to be trained and proficient at the ugly things in life. DADT says gays can serve as long as they follow the same rule every soldier is held to. If I don't ask you, then don't feel the need to tell me!