Court Approves Homosexuals in Military

Special Report - July 7, 2011
On July 6, the U.S. Court of Appeals for the Ninth Circuit issued a court order that reinstates a lower court’s decision to prevent the enforcement of the military’s “Don’t Ask, Don’t Tell” (DADT) policy. The order lifted a stay requested by the Obama Administration and granted by a panel of the Ninth Circuit in October 2010. California District Court Judge Virginia Phillips ruled on September 9, 2010 that DADT, which prohibits the open practice of homosexuality in the military, is unconstitutional. The Department of Justice (DOJ) had asked the Ninth Circuit for the stay while the appeals case went forward.

In its two-page decision, the Ninth Circuit pointed to Congress’ recent repeal of DADT and a change in the federal government’s support for the Defense of Marriage Act (DOMA) as important catalysts in the court’s decision. In December 2010, Congress voted to repeal the DADT policy that was signed into law by President Clinton in 1993. In February 2011, DOJ announced that it would no longer defend the constitutionality of DOMA in court at the direction of the Obama Administration. Because of that decision, the U.S. House of Representatives voted to retain legal counsel to defend DOMA in two ongoing lawsuits.

The Log Cabin Republicans, a homosexual rights group that brought the original lawsuit against DADT in California and asked the Ninth Circuit to lift its stay of the lower court’s decision, also asked the Ninth Circuit to expedite oral arguments in the appeal case. That request was also granted by the Ninth Circuit. The case will be calendared at the end of August.

Related resources:
DOMA Defenders Change Minds - April 26, 2011
Senate OKs Homosexuals in Military - December 20, 2010
Homosexuals in Military Decision Stayed - October 21, 2010

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