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ASK! TELL! (*While you can) (*Maybe not)

by Jeremy Hooper

As of right now, for at

least a second or two, Don't Ask Don't Tell is, for all intents and purposes, dead:

The Pentagon is putting a hold on kicking people out of the military for being gay, while it continues to study whether to appeal this week's court ruling that Don't Ask, Don't Tell is unconstitutional.
"The Department of Defense will of course obey the law, and the e-mail noted that, in the meantime, the Department will abide by the terms in the court's ruling, effective as of the time and date of the ruling."

-Col. Dave Lapan, USMC
Acting Deputy Assistant Secretary of Defense (Media Operations)

Pentagon: No discharges while government considers DADT appeal [Maddow Blog]

Will it immediately rise back up to dance again, as if it's a zombie from the "Thriller" video (kids, ask your parents)? Well, that depends on if government officials want to hold on to outdated unconstitutional biases, or instead move into the new world of respect and tolerance (parents ask your kids).

Stay tuned.



Screen Shot 2010-10-14 At 4.07.03 Pm

Moments ago, the Obama Justice Department asked Judge Virginia Phillips to stay her broad injunction barring the military from enforcing the Don’t Ask, Don’t Tell policy until it has an opportunity to appeal the decision to the U.S. Ninth Circuit Court of Appeals. From the Advocate’s Kerry Eleveld:

Sources said Justice Department attorneys are expected to file the request to U.S. district judge Virginia A. Phillips in Riverside, Calif. this afternoon.

Should Phillips deny the request for a stay, government attorneys are expected to file an emergency request to the U.S. court of appeals for the ninth circuit.
BREAKING: Obama Justice Department Asks Judge To Stay Broad Injunction Of Don’t Ask, Don’t Tell [Wonk Room]

**UPDATE2: The application for stay, via Courage Campaign:

LCR v. USA - Application for Emergency Stay

**UPDATE3: Servicemembers Legal Defense Network responds:

Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:

“We are disappointed but not surprised to learn the Department of Justice appealed the decision by Judge Phillips and asked that the injunction not be enforced for now. Judge Phillips will need to decide if the injunction stopping the investigations and discharges is on hold. The earlier decision by the Staff Judge Advocate Generals from the Military Services to abide by the terms in the court's order barring the military from investigating or discharging service members was an extraordinarily positive development. Until that changes, we are monitoring active-duty clients and fielding calls to our hotline.

“It is clear there is confusion and this interim period is dangerous for service members. Our service members need finality. The President needs to deliver on his promise to end the law this year. Given the uncertainty in the courts, we urge the Senate to act swiftly next month on repeal when they return to Washington. Congress made this law over 17 years ago and Congress now has an affirmative responsibility to bring clarity and finality to ending this law.

“We need to put the safety and well being of gay and lesbian service members first. Service members continue to remain vulnerable under DADT. We have clients under investigation and facing discharge right now. We’ll be monitoring each case over the coming days.

“The President needs to deliver on his promise to end the law this year. Unfortunately, it is becoming more and more clear that the Obama Administration intends to seek a stay to this injunction and it is going to appeal the decision. DADT may well be in a state of flux. It will remain the law unless the U.S. Senate acts in December and we have certification by the White House and Pentagon shortly thereafter.”

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