Ninth Circuit Orders That Don't Ask, Don't Tell Be Ended Immediately

The Wall Street Journal Law Blog reports:

Last year, with the stroke of a pen, President Obama annulled the ‘don’t ask, don’t tell’ law, which prohibited gays and lesbians from serving openly in the military.

But there’s was a catch: the ban didn’t take effect immediately. The military leadership and the president must first certify that the change will not hurt troop readiness before it will take effect. While Obama promised to move “swiftly end efficiently,” the military has continued to enforce the ‘don’t ask’ policy during the ramp up period.

But yesterday, the Ninth Circuit Court of Appeals ordered an end to enforcement of ‘don’t ask.’

The court called for heightened scrutiny of laws that discriminate on the basis of sexual orientation, including the Defense of Marriage Act, which deprives same-sex married couples of federal benefits, the Seattle Times reports. (Here’s WSJ coverage of the 9th Circuit ruling.)

The military has contended that court orders regarding ‘don’t ask’ cause confusion in the ranks, and that the military should be able to repeal the policy on its own timetable, according to WSJ.

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