Added by James Morley on November 3, 2010
The 9th United States Circuit Court of Appeals stayed implementation of U.S. district judge Virginia Phillips’ order declaring the ‘don’t ask-don’t tell’ law as unconstitutional.
This ruling ordered the military’s ban with regard to homosexuality among armed forces members’ to continue.
This decision has extended the October 20th stay on Phillip’s judgment declaring the law as unconstitutional.
The law had been declared against free speech and due process rights of gay individuals. The administration, led by a president Obama, supports ending the law but appealed against the decision. The administration insists that Congress must repeal the ban on its own terms.
The Pentagon focused on military preparation as it argued that sudden repeal of the law, in force for 17 years, will affect morale and cohesion.
The Court agreed with arguments of the Pentagon and stayed the decision declaring the law unconstitutional. The merits of the appeal against Phillips’ judgment would be argued over the next few months.
The gay rights group that took legal action against the ban, Log Cabin Republicans, is contemplating appeal to the Supreme Court to overrule this decision. However, the general consensus is that even the Supreme Court will concur with Pentagon’s argument seeking more time for preparation.