An appeals court has let the US government temporarily reinstate a ban on gays serving openly in the military, frustrating the hopes of those left in limbo by the judicial tug-of-war.
However, campaigners for the rights of gays and lesbians said they were confident the “Don’t Ask, Don’t Tell” policy would soon be over for good.
In the latest judicial twist, a three-judge appeals court panel in San Francisco lifted a lower court’s injunction issued last week that had barred the US military from continuing its 17-year-old ban while a lengthier stay of the rule is considered.
Lawyers for the Log Cabin Republicans, a group behind the legal action seeking to lift the controversial ban, voiced dismay at the latest ruling, but said they were confident of success in the end.
“While we are disappointed with the court’s ruling granting a temporary administrative stay, we view the decision as nothing more than a minor setback,” said Dan Woods, the group’s lead attorney in the case.
Human Rights Campaign president Joe Solmonese decried what he called a “sad day for all Americans who want the best and brightest service members defending our country.”
The court decision came a day after US District Judge Virginia Phillips of California refused to lift her own injunction ordering US commanders around the world to stop enforcing the policy that requires gay troops to keep quiet about their sexuality or face expulsion.
What should have been a landmark victory for gays serving in the US armed forces has instead turned into a legal and political quagmire as US President Barack Obama’s administration fights the decision.
Obama and his government are fierce advocates of scrapping the ban, but would prefer to see a decision made by US Congress, not the courts, and after a Pentagon review of the implications due on Dec. 1.
The Pentagon announced on Tuesday that it was accepting openly gay recruits for the first time in US history, but also urged caution for gay troops amid the legal uncertainties.
Consequently, gays are not exactly flocking to enlist.
“The bottom line: If you come out now, it can be used against you in the future by the Pentagon,” said Servicemembers Legal Defense Network head Aubrey Sarvis, a US Army veteran.
However, some activists have taken the plunge, including Army Lieutenant Dan Choi, an Iraq -s0veteran who came out on a cable television program in March last year and is considered a poster child for the repeal of “Don’t Ask, Don’t Tell.”
The 29-year-old graduate of the prestigious West Point military academy, who was discharged earlier this year for being gay, made a public event of his re-enlistment on Tuesday in New York.
Choi first tried to enlist at a US Marines recruiting station in midtown Manhattan, but after being told he was too old, filled out papers to re-enlist in the US Army.
“We’re still in a war, and soldiers are needed,” Choi said. “I have a new-found faith in our government that at least one branch is on the side of the Constitution, is on the side of the people.”
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