Judge's order on gay policy gets frozen
Source: Agencies |
October 22, 2010, Friday
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A United States federal appeals court has frozen a judge's order halting the military's "don't ask, don't tell" policy, even as the Pentagon has announced it will accept openly gay recruits.
A three-judge panel of the 9th United States Circuit Court of Appeals on Wednesday temporarily granted the US government's request for a freeze on the judge's order.
The appellate court instructed lawyers for the gay rights group that brought the lawsuit successfully challenging the policy to file arguments in response by Monday.
The judges would then decide whether to extend the temporary stay while it considers the government's appeal of US District Judge Virginia Phillips' ruling that the policy was unconstitutional.
The 1993 "don't ask, don't tell" rule says gays may serve but only if they keep secret their sexual orientation.
President Barack Obama said last week that the law that came into effect under President Bill Clinton "will end on my watch" but added that "It has to be done in a way that is orderly, because we are involved in a war right now." He said he supports repeal of the policy, but only after careful review and an act of Congress.
A new CBS News Poll says most respondents back letting gays and lesbians to serve openly in the military.
The survey conducted October 6-8 found 56 percent of those questioned support open service, compared with 31 percent in opposition. CBS said that result was similar to a February poll on the same topic which found 58 percent favored and 28 percent opposed.
The poll's margin of error was plus or minus 4 percentage points.
It was unclear what effect the temporary freeze would have on the Pentagon, which has already informed recruiters to accept openly gay recruits and has suspended discharge proceedings for gay service members.
Cynthia Smith, a Pentagon spokeswoman, said "for the reasons stated in the government's submission, we believe a stay is appropriate."
A three-judge panel of the 9th United States Circuit Court of Appeals on Wednesday temporarily granted the US government's request for a freeze on the judge's order.
The appellate court instructed lawyers for the gay rights group that brought the lawsuit successfully challenging the policy to file arguments in response by Monday.
The judges would then decide whether to extend the temporary stay while it considers the government's appeal of US District Judge Virginia Phillips' ruling that the policy was unconstitutional.
The 1993 "don't ask, don't tell" rule says gays may serve but only if they keep secret their sexual orientation.
President Barack Obama said last week that the law that came into effect under President Bill Clinton "will end on my watch" but added that "It has to be done in a way that is orderly, because we are involved in a war right now." He said he supports repeal of the policy, but only after careful review and an act of Congress.
A new CBS News Poll says most respondents back letting gays and lesbians to serve openly in the military.
The survey conducted October 6-8 found 56 percent of those questioned support open service, compared with 31 percent in opposition. CBS said that result was similar to a February poll on the same topic which found 58 percent favored and 28 percent opposed.
The poll's margin of error was plus or minus 4 percentage points.
It was unclear what effect the temporary freeze would have on the Pentagon, which has already informed recruiters to accept openly gay recruits and has suspended discharge proceedings for gay service members.
Cynthia Smith, a Pentagon spokeswoman, said "for the reasons stated in the government's submission, we believe a stay is appropriate."
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