A three-judge panel with the U.S. Court of Appeals for the Ninth Circuit voted 2-1 to extend the stay issued by a lower-court judge, effectively keeping the “don’t ask, don’t tell” policy in effect until the challenge to its legality passes through the court system. Even though Judge Virginia Phillips of the U.S. District Court for the Central District of California ruled Oct. 12 in favor of the Log Cabin Republicans, a gay rights group, the Justice Department asked for and was granted a temporary stay on Oct. 20 that kept “don’t ask, don’t tell” in effect. The Defense Department favors repeal of the policy, which allows service members to keep their private lives confidential on official forms but still proscribes homosexuals from military service. But DoD nonetheless resisted the Log Cabin Republicans’ challenge, contending that the policy should remain in effect until the services can best determine how to repeal it with minimal effects upon readiness and morale.
