The 9th U.S. Circuit Court of Appeals issued a decision Wednesday ordering the government to put an immediate end to “Don’t Ask, Don’t Tell,” the 17-year-old ban that has kept gay and lesbian service members from serving openly in the U.S. armed forces.
According to the courts, the DADT policy must be lifted in light of the Obama administration’s declaration deeming unequal treatment for LGBT individuals unconstitutional under U.S. law.
ABC News reports that, upon learning of the ruling, Pentagon officials stated that the Department of Defense is currently reviewing the ruling and intends to comply with the court’s decision.
Barring a government appeal to the U.S. Supreme Court, Wednesday’s ruling will put a definitive end to military discharge based on a servicemember’s sexual orientation. In the words of Log Cabin Republicans executive director R. Clarke Cooper, “the ruling…removes all uncertainty – American servicemembers are no longer under threat of discharge as the repeal implementation process goes forward.”
The decision marks a reversal on the part of the court, which initially issued a hold after ruling against the constitutionality of DADT last year. In the words of the judiciary panel, “the circumstances and balance of hardships have changed” since the stay was implemented, and the U.S. government “can no longer satisfy the demanding standard for issuance of a stay” in the case of DADT repeal.
Despite the dramatic implications of the court’s ruling, Log Cabin Republicans attorney Dan Woods issued a statement cautioning LGBT servicemembers against coming out before the government announces its intention to forgo an appeal and abide by Wednesday’s monumental decision.
The Servicemembers Legal Defense Network (SLDN) also issued a statement, corroborating Woods’ legal warning and also providing a hotline for gay, lesbian, bisexual and transgender servicemembers with questions about the latest ruling at 202-328-3244 x100.
Update: DADT ruling sparks celebration, caution among LGBT servicemembers
According to The Washington Post, the Department of Defense has informed all forces of the long-awaited ruling to halt discharges and investigations with regard to DADT – a decision that serves as a precursor to the policy’s imminent repeal.
However, while the news inspired celebration among gay and lesbian servicemembers both at home and abroad, all military personnel must still complete in-depth training on the historic policy change before the ban can officially be repealed.
President Obama is expected to certify the military’s completion of the courses in the coming weeks, and the DADT ban will officially be repealed 60 days after the President gives his seal of approval.
Many view the repeal as a significant step forward for the gay community; but some gay troops suggest that ending DADT is only half the battle. Even after the ban is lifted, the task still remains to tackle military culture itself – a culture that, according to some, can be less than accepting of openly gay service.
An Air Force Sergeant who chose to remain anonymous commented on this issue yesterday, telling the press that even if the gay ban ends quickly, it remains to be seen whether or not service members will be accepting of their openly gay comrades.
He added simply, “military culture won’t change overnight.”
