U.S. Supreme Court Denies Stay

Special Report - November 16, 2010
The United States Supreme Court has denied a request by the Log Cabin Republicans to lift a stay of a district court injunction that would halt enforcement of the military’s “Don’t Ask, Don’t Tell” (DADT) policy, which prevents the open practice of homosexuality in the armed forces. The Supreme Court’s order, which was issued November 12 without comment, means that the DADT policy will remain intact at least until March 2011, while a federal appeals court considers its constitutionality. Supreme Court Justice Elena Kagan, who formerly served as U.S. Solicitor General, chose not to participate in the decision.

In a ruling issued on November 1, a three-judge panel of the U.S. Ninth Circuit Court of Appeals granted the government’s request to extend its stay of an injunction placed on the DADT policy in October by U.S. District Judge Virginia Phillips, who ruled that the DADT policy was unconstitutional. The Ninth Circuit’s order postponed implementation of the injunction, which would have prevented the military from enforcing the policy that has been in place since 1993.

In response to the Ninth Circuit Court’s ruling to extend the stay, the Log Cabin Republicans, the homosexual rights group that is challenging the DADT policy, filed a brief with the U.S. Supreme Court on November 12. The brief asked the Supreme Court to vacate the Court of Appeals’ ruling, arguing in part that, “the court of appeals’ order… did not take into account the speculative nature of repeal—the premise of the government’s entire argument—and did not take into account the harms that would be suffered by current and prospective members of the armed forces while a stay is in place.” The Supreme Court denied the request, leaving the stay intact, and allowing the DADT policy to remain in effect while the issue proceeds in the lower courts. The case, Log Cabin Republicans v. United States, is currently before the Ninth Circuit Court of Appeals, which is not expected to issue a decision until the spring 2011.

Related resources:
Court Stays DADT Injunction - November 4, 2010
Homosexuals In Military Decision Stayed - October 21, 2010
Social Issues Stop Defense Spending Bill - September 23, 2010
Court Refuses "Don't Ask, Don't Tell" Case - June 8, 2009
Don't Ask, Don't Tell - Interview - July 24, 2010 Download (mp3) — (wma)

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