After 8 Long Days of Asking and Telling, DADT Is Back in Effect – For Now

  • Share
  • Read Later

Reuters

Last week, the news was that the military was going to accept openly gay recruits. But late Wednesday, a federal appeals court slammed on the brakes, granting a temporary freeze on last week’s orders. For at least the next five days, “Don’t Ask, Don’t Tell” is back.

Consider this timeline: Way back on Sept. 9, California judge Virginia A. Phillips ruled that DADT is unconstitutional. A couple weeks later, on Oct. 12, she backed up the ruling with an injunction, ordering the military to immediately suspend the policy.

As a result, the military announced earlier this week that it would begin accepting openly gay applicants – even as the federal government was appealing the ruling up the judicial ladder. While waiting for the appeal to be heard, the Obama administration asked the U.S. Court of Appeals for the 9th Circuit in San Francisco to at least immediately suspend the order, which would then bring a temporary end to gay admissions, as the judicial process played out. (See TIME’s military photos: Going Home From Iraq)

Late Wednesday, that request was granted.

So Phillips’ decisions is, at the moment, rendered moot, and lawyers for the gay rights group that originally brought the case have now been instructed to file arguments against this suspension by Monday. As for what happens after that point – the appeals court said it would decide whether or not to prolong the suspension during the appeal after it has received and considered all arguments  – is anyone’s guess.

For now, the biggest question might be: What happens to all those openly gay former soldiers who have already re-enlisted?

More at TIME: Dramatic Afghanistan Photos – The Rescue Brigade