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Military Jar-Necks And Ribbon Wearers Hear From Court, Stop DADT Now

July 6, 2011

How many ways can it be stated?

Bigotry aimed at the those gay men and women who serve the nation in the armed forces must end.

No more waiting.

It just has to end.

Today a move in that direction came from the courts, the place where these decisions must be made as the jar-necks and ribbon-wearers seem unable to stop DADT as soon as most in the nation want.

This is great news for those who love justice.

In an order issued by a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, U.S. District Court Judge Virginia Phillips’s judgment halting the worldwide enforcement of “Don’t Ask, Don’t Tell” as a result of her decision in Log Cabin Republicans v. United States has been put back in effect.

DADT cannot be enforced, per the order, unless the government gets a stay of the order from either the Ninth Circuit or the U.S. Supreme Court pending an appeal of today’s decision.

Cynthia Smith, a Department of Defense spokeswoman, tells Metro Weekly that Pentagon officials “are studying the ruling with the Department of Justice” but added, “We will of course comply with orders of the court, and are taking immediate steps to inform the field of this order.”

The three-judge panel — Judges Alex Kozinski, Kim Wardlaw and Richard Paez — decided to lift the appellate court’s earlier stay of Phillips’s order pending the appeal of the LCRcase because, the judges write, “The circumstances and balance of hardships have changed, and appellants/cross-appellees can no longer satisfy the demanding standard for issuance of a stay.”

Among the circumstances cited by the court are the July 1 filing in Karen Golinski’s federal case seeking health insurance benefits for her wife and the related earlier Feb. 23 letter from Attorney General Eric Holder declaring that he and President Barack Obama had decided that heightened scrutiny applies to classifications — such as DADT.

The judges also note that “the process of repealing Section 654 [– the DADT law –] is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer.” Smith echoed this fact, writing to Metro Weekly, “[I]mplementation of the DADT repeal voted by the Congress  and signed in to law by the President last December is proceeding  smoothly, is well underway, and certification is just weeks away.”

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