Although Congress provided a path to homosexualize the military ONLY upon authorization by military brass, the Ninth Circuit Court of Appeals has carte blanche rammed the change through immediately, and the basis of the court's ruling is that President Obama has unilaterally declared that the Constitution includes the Gay Agenda.
For background, read Congress Duped on Don't Ask Don't Tell Repeal and also read about the previous court rulings in this case.
UPDATE 7/17/11: OOPS! Court reverses itself upon request from Obama administration - Don't Ask, Don't Tell still in place
-- From "Court orders immediate halt to gay military ban" by Lisa Leff and Lolita C. Baldor, Associated Press 7/6/11
Congress repealed the policy in December and the Pentagon is already preparing to welcome gay military personnel, said the ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco. There's no longer any purpose for a stay 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 Pentagon will comply with the court order and is taking immediate steps to inform commanders in the field, said spokesman Col. Dave Lapan.
Defense officials said the chiefs of the military services are scheduled to submit their recommendations on the repeal to Defense Secretary Leon Panetta on Friday. 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.
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From "Fed court: End 'don't ask' now" by Jennifer Epstein, Politico 7/6/11
A three-judge panel on the 9th U.S. Circuit Court of Appeals in San Francisco said in a brief opinion that because the Obama administration has said it’s unconstitutional to treat gay and lesbian people differently under the law, the ban on their open military service must end now.
The Pentagon and the branches of the armed forces are in the process of preparing for the repeal of “don’t ask, don’t tell,” but until the chairman of the joint chiefs of staff and the defense secretary sign off, it does not go into effect.
Former Defense Secretary Robert Gates, who stepped down last week, had hoped to certify the end of the policy before leaving office but did not get the go-ahead from all the services in time.
Dan Woods, the lawyer representing the Republican gay rights group Log Cabin, which brought the suit, told The Associated Press after the ruling that unless the Obama administration appeals the case to the Supreme Court, “’don’t ask, don’t tell’ is over.”
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From "Court ends enforcement of ban on openly gay military service" by Carol J. Williams, Los Angeles Times 7/6/11
The 9th Circuit order signed by Chief Judge Alex Kozinski and two appointees of President Clinton cited recent changes in administration policy calling for "heightened scrutiny" of laws that discriminate on the basis of sexual orientation, like the Defense of Marriage Act, which deprives same-sex married couples of federal benefits.
"Gay and lesbian individuals have suffered a long and significant history of purposeful discrimination," the administration said last week in ordering equal treatment of the spouse of a lesbian lawyer who works for the 9th Circuit.
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From "Court bars enforcement of 'don't ask, don't tell'" by Bob Egelko, San Francisco Chronicle Staff Writer 7/6/11
. . . citing the Obama administration's disavowal of laws that discriminate based on sexual orientation.
The court noted that Congress has voted to repeal "don't ask, don't tell" as soon as President Obama and the Pentagon certify that the change will not interfere with military readiness or recruiting. The administration has said most troops should be trained for the new policy change by mid-summer, although it had told the court the law should probably stay in effect for the rest of the year.
The panel also cited Obama's decision in February to withdraw support from another federal law denying benefits to married same-sex couples, and his newly announced view that laws discriminating against gays and lesbians should be declared unconstitutional unless they serve some compelling government need.
There was no immediate comment from the Justice Department.
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