By Susan Brinkmann, OCDS
Staff Journalist
The U.S. Supreme Court has decided to allow the 1993 law against homosexuals serving in the military to remain in force while court challenges are in process.
LifeSiteNews.com is reporting that a judge’s decision to issue a worldwide injunction against the military’s enforcement of the controversial “Don’t Ask Don’t Tell” (DADT) policy that would have prohibited the military from enforcing the ban has been temporarily overturned by the nation’s high court pending the outcome of a challenge to the ban brought by a homosexual activist group known as the Log Cabin Republicans. The group filed an emergency request with the high court to reinstate the judge’s ban after the 9th U.S. Circuit Court of Appeals ruled in the government’s favor last month and agreed that the ban should remain in place during the appeals process.
Lawyers for the Obama Administration are arguing that a court-ordered end to DADT would have harmful effects on the U.S. military and hamper an “orderly” transition to a more gay-friendly military should the legislature decide to overturn the law.
“The military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the nation is involved in combat operations overseas,” stated Clifford L. Stanley, under-secretary of defense for personnel readiness, in a document supporting the government’s case.
“Overall, an abrupt change – without adequate planning or time to implement a plan – substantially increases the probability of failure or backlash in the early months of this transition, months that will be critical to our long-term success.”
The Associated Press is reporting that the Supreme Court issued its order keeping the 9th Circuit’s stay in place without comment. It also noted that the court’s newest member, former U.S. Solicitor General Elena Kagan, did not participate in the decision.
Family Research Council president Tony Perkins applauded the high court’s decision.
“I am gratified that two higher courts have now recognized the importance of judicial deference to Congress, the President and military leaders in setting policy for the armed forces,” Perkins said. “I hope, and remain confident, that they will do the same in ruling on the merits of this case.”
Even though President Obama has repeatedly stated his desire to see the law overturned, he has insisted that this be done through the legislature rather than the courts. The U.S. House has already passed a repeal of DADT and the Senate is expected to take up the issue during this week’s lame-duck session.
Most legislators are waiting for the completion of a report by the U.S. military on the impact of repeal which is scheduled for release on December 1. However, the report, which has been leaked to the press, is generating controversy because it appears to be heavily biased in favor of repeal.
The report has been criticized by Perkins as overtly biased toward repeal.
“We have criticized this study from the outset because the CRWG [Comprehensive Review Working Group] was forbidden to explore the central question before the country – not how to implement a repeal of the current law, but whether doing so is in the best interest of the armed forces,” Perkins said.
He also objected to the fact that no U.S. servicemen or their spouses were ever given the opportunity to answer whether they believed the law should be kept in place or overturned.
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