7/7/2011 - WASHINGTON (AFNS) -- The 9th Circuit Court of Appeals has ordered the government to stop enforcing the terms of the law that prevents openly gay service members from being in the military.
The Defense Department will comply and is informing commands worldwide of the court's order, Pentagon spokesman Marine Corps Col. Dave Lapan said.
The court lifted a stay put in place Nov. 1. DOD and Justice Department lawyers are studying the ruling.
The stay was put in place after 9th Circuit Judge Virginia Phillips ruled the "Don't Ask, Don't Tell" law was unconstitutional. The case went to a three-judge panel on the Court of Appeals, which released its ruling July 6.
Since the court issued the stay in November, Congress passed and President Barack Obama signed repeal of the 1993 law. "In the meantime, implementation of the DADT repeal voted by the Congress and signed into law by the president last December is proceeding smoothly, is well under way, and certification is just weeks away," Lapan said.
The repeal act calls for training the force and for the chairman of the Joint Chiefs of Staff and the secretary of defense to certify to the president that the conditions for repeal are met.
Comments
7/11/2011 9:53:12 PM ET Well it's not really that surprising considering that we've taken about 6 months to do sensitivity training. People openly homosexual or still in the closet won't have to worry about being investigated over something very personal that should not be a factor when determining you're ability to serve. We've wasted more than enough resources, time, and money that we borrow kicking hard-working people out and replacing them. It's illegal to discriminate against gays in the the civilian sector so it makes perfect sense to rule the law unconstitutional.
Regis S., RAF Lakenheath
7/11/2011 5:44:12 PM ET @Guido1. The 2nd amendment does not protect our right to bear arms. There's a statement in there that says for the purpose of a well-regulated militia 2. Have you ever read anything protecting the right to be straight?
Oliver, Nevada
7/11/2011 2:09:47 PM ET Wow, is this 2011 or 1955? I can't tell from some of the other comments. Personally, I'm more upset about last year's AF policy revision requiring me to tuck my shirt into my PT shorts. But seriously, if someone wants to serve their country and can maintain the service-specific standards why not let them? During my AF career I've worked with alcoholics, womanizers, man haters, and all other sorts, but unless they bring their personal issues to the office and don't do the job they're getting a paycheck for, it's none of my business. If you're so aghast at the concept of serving with Americans of a different orientation, our service is always looking for a few good Airmen to force-shape.
Stuart, Planet Earth
7/11/2011 10:53:27 AM ET Hey, I for one welcome the inclusion of the gay/lesbian/whatever crowd so long as they can do their job. You know I'd gladly accept someone of the aforementioned sexual orientation that is competent vs. watching my wife deploy yet again to cover the failings of incompetent straight servicemen.How about the USAF focus on competency for a change. Crazy idea I know.
R. U. Kidding, Reality
7/8/2011 5:31:49 PM ET Yeah go ahead, bring the significant other. DOMA is the law of the land and should stay that way. Let's just let the few rule the land..
Dane, Kansas
7/8/2011 5:31:25 PM ET The woman Judge has decided. Now let's rush and get this done. My eye. We have now slipped on that slippery slope and the only way now is down to the level of the beast.
R Soucy, N California
7/8/2011 5:26:34 PM ET @Nostradomus you do realize that the US is one of the only civilized nations in the world that has something like DADT right. Also, friendly fire, Really? Talk about a lack of integrity. If someone's sexual orientation offends you that much there is no place for you in the United States Military let alone a civilized society.
Tony D, Kirtland
7/8/2011 3:20:39 PM ET Not sure why people are freaking out about the court ruling. It won't be long until the new law takes effect anyway. I know we received the training a couple of months ago so anytime now DADT will be rescinded. Not a big deal. @Steve if you ever end up in FL there's always an open seat for you and your boyfriend at the table my wife and I are at. I can only imagine how it feels to no longer be afraid of someone outing who you are. Congrats my friend.
MM, FL
7/8/2011 2:25:10 PM ET If one were being professional in their work enviroment no one would be wondering asking or telling their sexual intent or habits. Money is short. Lets focus on the true pressing issues. People are going to do what they do until they mature.
Angie, Alabama
7/8/2011 12:16:55 PM ET Its crazy how in other countries citizens are killed for homosexuality. But it our country its embraced...land of the free I guess.
Jones, Memphis TN
7/8/2011 10:59:45 AM ET Time to repeal DOMA as well.
Krys C, NYC
7/8/2011 9:13:05 AM ET How about the courts other than the supreme court stay out of the military's affairs. That would be nice.
D, Colorado
7/8/2011 3:10:09 AM ET I applaude the decision by the 9th Circuit Court of Appeals to immediately have the goverment stop enforcing this unjust law. I had a feeling that the courts would step in due to the certification of ending DADT taking so long. As an active-duty member in the USAF I can now finally not worry about anyone outing me or getting investigated due to me just being who I am -- and yes I will be bringing my boyfriend to our squadron holiday party this December.....
Steve , Luke AFB
7/8/2011 2:06:29 AM ET I still don't understand how a civilian court has jurisdiction over the UCMJ. Maybe we should just throw the UCMJ out and let labor unions come in to run things. If DADT is unconstitutional then so is DOD policy regarding carrying a firearm on a military base. At least the right to bear arms is actually stipulated in the Constitution. The last time I read it I don't remember anything about it protecting the right to be (gay). ... The courts need to stay out of the UCMJ and let the DOD decide how and when or IF DADT should be repealed.
EmperorGuido, PNW
7/7/2011 6:39:38 PM ET Looks like it those attacks are going to get worse, some new AFN commercials will be created to support the matter, and some friendly fire to go along with that, and lastly, the strong military image will be completely non-exsistant in our enemy's minds.
Nostradomus, US
7/7/2011 12:21:16 PM ET Should make the 2011 Holiday parties very interesting.....
