Military Law

9th Circuit Keeps 'Don’t Ask, Don’t Tell' in Place Through Appeals

A federal appeals court has extended a stay that will keep don’t ask, don’t tell in place during the appeal of a lower court decision finding the policy unconstitutional.

In a 2-1 decision, the San Francisco-based 9th U.S. Circuit Court of Appeals extended a temporary stay issued last month, according to Politico and the New York Times.

The majority said it granted the stay because of government claims that it needed time to make an orderly transition in policy. “The public interest in ensuring orderly change of this magnitude in the military—if that is what is to happen—strongly militates in favor of a stay,” the opinion said.

Dissenting Judge William Fletcher said he would have barred the military from removing anyone under don’t ask, don’t tell while the appeal is pending.

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