DADT Update: Court of Appeals issues stay requested by Obama administration

What the fuck:

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued a temporary stay of U.S. District Judge Virginia Phillips’s Oct. 12 order in Log Cabin Republicans v. United States halting all enforcement of the military’s “Don’t Ask, Don’t Tell” policy.

After DADT had been halted from enforcement for nearly 200 hours, the Ninth Circuit order legally makes DADT enforceable again for the time being.

In a brief order, Judges O’Scannlain, Trott and W. Fletcher wrote:

“This court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal.  The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.”

Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010.  To expedite consideration of the motion, no reply shall be filed.

The judges’ order means that a temporary stay of the trial court injunction of DADT has been granted until the Ninth Circuit can decide — sometime after Oct. 25 — whether to issue a stay pending the appeal of the case to the Ninth Circuit. (Emphasis mine)

Will this shit ever end? Seriously? Via Pam’s House Blend, who has a round-up of reactions.

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  • nazza

    If this concerned anything other than the military, the back and forth would not be nearly as intense.
    The last bastion of conventional masculinity is being forced to re-evaluate its stance. I’m not surprised it isn’t willing to do it voluntarily.

    Many people still have a very limited, reductionist perspective about LGBTs. Not every gay man is effeminate, lisping, and limp-wristed. I’ve known men who have served in the armed forces who pass as straight quite easily. But for people who prefer to see gender in very rigid terms that don’t overlap, they either are ignorant of this or unwilling to acknowledge it.

    • Matthew T. Jameson

      You are attributing an awful lot to resistance from the military here, but how does military pushback equal appeals in the court system? These are court and political decisions, not military decisions. That said, a majority of personnel still don’t support LGBT folks serving (,_don%27t_tell#Military_personnel_opinion), I assume for some of the reasons you’ve stated.

      I also question the notion that the military is “The last bastion of conventional masculinity.” Have you ever been to a hardware store? Watched ESPN on a Saturday or Sunday? Walked through many construction sites? Hung out at a sports bar? Conventional masculinity is alive and well in civilian life!