Supreme Court keeps 'Don't Ask' in place through appeals process

News > Supreme Court keeps 'Don't Ask' in place through appeals process

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• Adm. Mike Mullen • Defense Secretary Robert M. Gates

Supreme Court keeps 'Don't Ask' in place through appeals process

Posted 11/12/2010

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by Lisa Daniel
American Forces Press Service

11/12/2010 - WASHINGTON (AFNS) -- The U.S. Supreme Court ruled Nov. 12 that the law banning gays from serving openly in the military will stay in place while the case moves through the federal appeals court process.

The court denied without comment an emergency request from a gay rights group to suspend implementation of the "Don't Ask, Don't Tell" law while it is under review by the 9th Circuit Court of Appeals in San Francisco.

Defense Secretary Robert M. Gates and Chairman of the Joint Chiefs of Staff Navy Adm. Mike Mullen have said implementation of the repeal of the 1993 law would take time to do properly, and that congressional repeal would be less disruptive than having the law overturned by the courts.

The appeals court reportedly cannot hear the case until at least March.

"DOD believes the decision upholding the stay was appropriate," a Defense Department official said.

The Log Cabin Republicans' emergency request follows the 9th Circuit's decision Nov. 1 to stay a lower judge's ruling that found the law unconstitutional. That decision, by federal District Judge Virginia Phillips on Oct. 12, put an immediate injunction on the law, stopping implementation of it worldwide until Oct. 20, when the appeals court approved an emergency request by the Justice Department to suspend Judge Phillips' ruling while the case was under appeal.

The Supreme Court's decision today keeps the appeals court decision in place while it continues to review the law's constitutionality.

The appeals court on Nov. 1 wrote that the government was convincing in its argument that the lack of an orderly transition "will produce immediate harm and precipitous injury."

The panel further stated that the courts should show deference in cases involving the military.

Secretary Gates previously ordered a Defense Department review of the law's impact and possible repeal. The results are due back to him Dec. 1.

Comments

11/18/2010 11:24:33 AM ET
The comment section is here for everybody to discuss or give opinions. Lets get the survey results and go from there. The decisions to repeal or not repeal ADAT should be based on a majority not minority of people's opinions. Whatever the decision certain people are not going to like it and that is what makes us the greatest nation in the world we can agree to disagree. Last time I checked there was no draft if you don't like the rules or decisions...then get out.

G-Man, San Antonio

11/17/2010 12:41:12 PM ET
Just a reminder that there is no RIGHT to serve in the armed forces. It is an obligation and a privelege.

RetMsgt, Minnesota

11/16/2010 3:33:51 PM ET
The right never ends. That is one problem with everything is when people try to influence their personal feelings toward other in relation to religion politics etc. Hopefully any and all discrimination that occurs will be dealt with swiftly there should be zero tolerance. The military as a whole is to going to have to be patient with the process. My beliefs are mine but I still treat everyone with the same respect because that's the right thing to do. You can say all day that people tend to do this and tend to do that regardless of any reasoning behind it.

Dane, Colorado

11/16/2010 12:37:50 PM ET
Taking into account the total number of active duty ANG and reserve members assuming 4 percent of the population is MSMs and 20 percent of MSMs are infected general population statics according to the CDC that are probably going to be lower in the AF that would be aproximately 5200 infected individuals. Lets assume the absolute worst case senario of none of these individuals currently being treated. This means an average of 78 cases per major AF installation. All things considered I wouldn't say this is overwhelming. We will see when DADT gets repealed however. You do have a right to feel however you want, but that right ends when actions start and that is where I see the problems starting. People with certain feelings tend to act discriminatory towards their fellow servicemen for no justifiable reason.

Analyst, Barksdale

11/16/2010 11:39:31 AM ET
Let's let DoD review the surveys and make their decision. I've had the opportunity to have served with members only learning about their orientation after they separated. In almost all cases, the members were exceptional and IMHO their separation from military service was a loss to the AF.

Mike CMSgt Ret, Texas

11/15/2010 4:26:34 PM ET
No problem here Analyst. As far the social stigma goes that's not the point. The point is that HIV rates for MSM has increased every year for over 20 years. The facilites we have now are not adequate to help with the disease and it will overtax us. Let's see if the act does get repealed and what the repercussions will be if any. If it does get repealed then it will be business as usual for the most of us. We all have a right to feel the way we do whether you agree with or not.

Dane, Colorado

11/15/2010 3:01:27 PM ET
Extended health care costs The same benefits would be available at EQUAL cost for heterosexual troops. If it is AIDS-related diseases people are worried about they should remember that the same policies would apply much like the sexual harassment policy currently enforced. Also how is their sexual orientation any worse than the heterosexual troop that experiments with drugs molests children joins violent gangs or performs any other unacceptable act behind closed doors The LIVE document that protects this republic was created to ADAPT to the needs of ALL Americans in an ever-changing society.

Sgt Truth, AZ

11/15/2010 10:55:12 AM ET
You have a problem if you take issue folks for their private actions that have no bearing on them completing their job. As far as the increasing rate of HIV infections among MSMs goes the CDC lists one of the major contributing factors as reduced access to care due to social stigmas and facility avaliablity. About the showers let's grow up out of junior high. I am willing to shower in a common bay with anyone who minds their manners and acts like an adult, reguardless of their gender or orientation. I got over the fear of someone staring at me in junior high.

Analyst, Barksdale

11/15/2010 10:32:35 AM ET
Though I understand both sides of the argument I believe that if it would make a person truly happy to serve their country, a country that has already given so much to them then they should be given that right. Gay or straight, but that's just my opinion.

NV Airman, Oklahoma

11/15/2010 8:32:47 AM ET
That is correct are we going to protect everyone's right to privacy. Also is Obama care ready to paid a very large bill in extending health care benefits for all members serving. Or will it be another bill out of hide for DoD?

Sgt Warrior, DoD Air Force

11/15/2010 5:02:12 AM ET
@ Mike - Disagree with your comments, bud.. Just because he has an opinion that you don't agree with doesn't make him the problem. You may want to resind your statement. If they choose to repeal DADT, are they going to provide seperate shower stalls for the homosexual populace for places like BMT or at Combat Skills Training?

Sgt, Sandbox

11/15/2010 3:52:01 AM ET
Reasonable minds can differ on the wisdom of DADT - no need to tell people they have ignorance and hatred because they disagree with you on a matter of personal conduct. The Supreme Court is correct to allow elected representatives and executive branch agencies decide a matter of national defense.

JL, USAFE

11/14/2010 8:24:55 PM ET
EXCUSE me MIKE from Florida If a person is raised by Christian parents and believes in his moral code that Homosexuality is a sin then Sir that does NOT make that person Ignorant or afraid. The resounding theme I hear from homosexuals is either agree with US or you're an ignorant homophobe. You Sir are just as WRONG as you can be. But I bet we know which side you bat for.....

Chris, Mississippi

11/14/2010 5:19:37 PM ET
Mike, I am not the one with the problem. The problem is that homosexual act itself, not hate at all. Maybe you are the one with hatred of people who have morals. I have the right to speak as I do just as others who support homosexuality do. Here's some info as well, What the homosexual lifestlye leads to: if they keep this up they will be their own undoing. Males who sex with males, the only risk group in the U.S. in which new HIV infections are increasing. While new infections have declined among both heterosexuals and injection drug users, the annual number of new HIV infections among MSM has been steadily increasing since the early 1990s. Look it up at the CDC site. Along with that life style choice, our health care costs go up. I could go on all day.

Dane, Colorado

11/13/2010 2:42:27 PM ET
Dane get used to the idea of serving beside homosexuals. Even though you do already pretty soon you'll know who and you'll be surprised. There's bound to be someone in your unit that you know and respect that's going to come out of the closet when DADT is gone and you'll have some serious thinking to do about whether one's sexuality matters one bit when it comes to serving one's country or if it's really just your own fear and ignorance driving your hatred. Or I can just go ahead and tell you the answer, You're the one with the problem not them.

Mike, Florida

11/12/2010 11:16:39 PM ET
Very much agree with the U.S.. Supreme Court rule regarding the DADT law. We have to wait until the DOD have in their hands the final Report on Dec 1

Raul Hernandez-Baquero, Sanford Fl . USA

11/12/2010 4:59:13 PM ET
Good to see the Supreme Court upholding the DADT. Way to go. I know this has got to make everyone happy. Just means people need to be quiet and there won't be no problems.

Dane, Colorado

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