U.S. government seeks overturn of gay military injunction
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U.S. Justice Department on Wednesday asked a federal appeals court to immediately lift a judge's injunction on "Don't Ask, Don't Tell" policy.
The department's request was directed at a recent injunction by U.S. District Judge Virginia Phillips in Southern California, which ordered the military "immediately to suspend and discontinue any investigation, or discharge, separation or other proceeding, that may have been commenced under the 'Don't Ask, Don't Tell' Act. "
The judge's order "would create tremendous uncertainty about the status of servicemembers who may reveal their sexual orientation in reliance on the district court's decision and injunction," the Justice Department said in its filing with U.S. Court of Appeals for the 9th Circuit in San Francisco.
The "Don't Ask" policy, which was introduced as a compromise measure in 1993 by then-President Bill Clinton, prohibits homosexuals to serve openly in the military. It has been a major contentious issue in U.S. politics. Critics including gay rights groups argue that the policy violates the rights of gay military members to free speech and open association.
"Effectively developing proper training and guidance with respect to a change in policy will take time and effort," said the court filing. "The district court's injunction does not permit sufficient time for such training to occur, especially for commanders and servicemembers serving in active combat."
President Barack Obama has committed to repeal the ban during his presidential campaign, and the Pentagon is now reviewing the effect a repeal would have on the troops.
Last week, Obama reiterated his commitment to repeal the military gay policy, but said it should be ended in an orderly way.
If the appeals court refuses to overturn the judge's order, the government could then seek an emergency stay from the U.S. Supreme Court.
U.S. military announced Tuesday that it is, for the first time, allowing its recruiters to accept openly gay and lesbian applicants. But it also warned that applicants should be careful of revealing their sexual orientation as there's the possibility that the policy might be reversed.
