Court orders swift end to gay military ban

Move ‘removes all uncertainty’; service chiefs to act soon

July 07, 2011|By Lisa Leff and Lolita C. Baldor, Associated Press

SAN FRANCISCO - A federal appeals court ordered the US government yesterday to immediately cease enforcing the ban on openly gay members of the military, a move that could speed the end of the 17-year-old rule.

Congress repealed the policy in December and the Pentagon is already preparing to welcome gay military personnel, said the ruling from a three-judge panel of the US Court of Appeals for the Ninth Circuit in San Francisco. There’s no longer any purpose for a stay that the appeals court had placed on a lower court ruling that overturned “don’t ask, don’t tell,’’ the judges said.

In the meantime, the court order blocks the military from discharging anyone based on sexual orientation, a Pentagon spokesman said, news that brought relief from gay-rights advocates who say there are still dozens of gay or lesbian personnel under investigation.

“The ruling … removes all uncertainty - American service members are no longer under threat of discharge as the repeal implementation process goes forward,’’ said R. Clarke Cooper, Log Cabin Republicans executive director.

The Pentagon will comply with the court order and is taking immediate steps to inform commanders in the field, said spokesman Colonel Dave Lapan.

The next step: the official end to “don’t ask, don’t tell.’’

Defense officials said the chiefs of the military services are scheduled to submit their recommendations on the repeal to Defense Secretary Leon Panetta tomorrow. As soon as the Pentagon certifies that repealing the ban will have no effect on military readiness, the military has 60 days to implement the repeal.

Officials said they believe the ban could be fully lifted by the end of September. The defense officials spoke on condition of anonymity because they could not discuss internal deliberations.

The services have been training their forces on the new law for several months. The Navy, Air Force, and Marine Corps are largely done with the training, and the Army is on track to finish active duty training by July 15.

The ruling yesterday came in response to a motion brought by Log Cabin Republicans, a group for gay GOP members, which last year persuaded a lower court judge to declare the ban unconstitutional.

After the government appealed US District Judge Virginia Phillips’s decision, the Ninth Circuit agreed to maintain the policy until it could consider the matter. The appeals court reversed itself with yesterday’s order by lifting its hold on Phillips’s decision. It cited as a reason the Obama administration’s recent position in another case involving same-sex marriage that it is unconstitutional to treat gay Americans differently under the law.

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