Federal Appeals Court Orders Immediate Halt To Military Policy Prohibiting Openly Gay Service Members

A federal appeals court ordered a halt Wednesday to the armed forces' discharge of openly gay service members, citing the Obama administration's disavowal of laws that discriminate based on sexual orientation, The San Francisco Chronicle reporting that the Ninth U.S. Circuit Court of Appeals in San Francisco had intervened in November to allow the government to continue enforcing the "don't ask, don't tell" law, despite a federal judge's decision that the law was unconstitutional, but that today a three-judge panel of the court lifted the stay, saying, "The circumstances and balance of hardships have changed." The court noted that Congress has voted to repeal "don't ask, don't tell" as soon as President Obama and the Pentagon certify that the change will not interfere with military readiness or recruiting. The administration has said most troops should be trained for the new policy change by mid-summer, although it had told the court the law should probably stay in effect for the rest of the year. he panel also cited Obama's decision in February to withdraw support from another federal law denying benefits to married same-sex couples, and his newly announced view that laws discriminating against gays and lesbians should be declared unconstitutional unless they serve some compelling government need. The panel consisted of Chief Judge Alex Kozinski and Judges Kim Wardlaw and Richard Paez. "Don't ask, don't tell," passed in 1993, requires military commanders to discharge gay or lesbian service members who disclose their sexual orientation. U.S. District Judge Virginia Phillips of Riverside declared it unconstitutional last September, saying it violates service members' privacy and freedom of speech and reduces military effectiveness by removing skilled personnel. Today's court order means that "finally, people who wish to serve our country are going to be allowed to do so without regard to their sexual orientation," said Dan Woods, lawyer for Log Cabin Republicans, the gay-rights group that challenged the law. "We don't have to wait for the politicians to finish their work or for certification that the military's ready for repeal. The Constitution is the winner today." Woods said he would nevertheless advise gays and lesbians in the military to be cautious about disclosing their sexual orientation for the near future, since the administration could ask the full appeals court or the Supreme Court to reinstate the law. There was no immediate comment from the Justice Department. Despite Obama's approval of the bill repealing "don't ask, don't tell," his administration is appealing Phillips' ruling, arguing that the decision should be made by Congress rather than the courts. The appeals court scheduled arguments in that case for the week of Aug. 29 in Pasadena.