Obama Administration Asks Judge Virginia Phillips To Stay Her Order Of An Immediate Injunction Preventing American Military From Continuing To Obey Policy Of “Don’t Ask, Don’t Tell”

Reuters is reporting that the United Department of Justice acting on behalf of the Obama administration asked a judge to allow the Pentagon to keep the ban banning openly gay service members in the military while it appeals her ruling that found the policy of “don’t ask, don’t tell” unconstitutional. Judge Virginia Phillips Tuesday said that the policy violated the United States Constitution and ordered an immediate injunction preventing the military from enforcing it as well as end pending investigations or discharges. The DOJ filed the stay request and simultaneously appealed her ruling to the United States Court of Appeals for the Ninth Circuit in San Francisco. The government also asked that a temporary stay be enacted while Judge Phillips considers the requests, as well as asking that she rule on the petitions by midday Monday. If Judge Phillips refuses, the administration said it would make the same request to the appeals court. The Pentagon said Thursday that it advised its attorneys in the field of the judge’s ruling, and offered a warning of significant consequences if the injunction took effect. Defense Under Secretary of Defense for Personal and Readiness Clifford Stanley wrote in a declaration to the court that “The military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the nation is involved in combat operations overseas.” He added that if Judge Phillips ruling was to be overturned later by an appeals court, and some gay or lesbian service members revealed their sexual orientation, the military would be faced with the difficult question of whether the discharge them. “The stakes are so high, and the potential harm so great, that caution is in order,” he said. A spokesperson for the Log Cabin Republicans, who brought the suit against the policy that Judge Phillips ruled on, released a statement Thursday saying it was not surprised by the decision by the Obama administration to appeal, Christian Berle, the deputy executive director of the organization saying “Log Cabin Republicans will continue to advocate on behalf of the American service members who every day sacrifice in defense of our nation and our Constitution. If this stay is granted, justice will be delayed, but it will not be denied.”