News

Ninth Circuit Court of Appeals Grants Brief Stay of Injunction Against 'Don't Ask, Don't Tell'

October 20, 2010

(Washington, DC) – The Ninth Circuit Court of Appeals has granted the Obama administration's request for a temporary stay of the injunction against 'Don't Ask, Don't Tell' pending further argument regarding imposing a stay throughout the course of the appeal. The injunction, which halts enforcement of the policy, has been in force since October 12th.

"Today President Obama and his attorneys have prolonged the injustice that is 'Don't Ask, Don't Tell' at the expense of the constitutional rights of gay and lesbian servicemembers," said R. Clarke Cooper, Executive Director of Log Cabin Republicans. "For over eight days the armed forces have not only survived but thrived without the burden of this failed policy. It is disappointing the Obama administration has forced the military into a see-saw of 'on-again, off-again' enforcement of a law which remains an unnecessary distraction for military commanders and their subordinates."

"While we are disappointed with the court's ruling granting a temporary administrative stay, we view the decision as nothing more than a minor setback," said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans v. United States of America. "We didn't come this far to quit now, and we expect that once the Ninth Circuit has received and considered full briefing on the government's application for a stay, it will deny that application, and the district court's injunction, which it entered after hearing all the evidence in the case, will remain in place until the appeal is finally decided."