Court freezes order to recruit openly gay troops

A US federal appeals court temporarily granted the US government’s request for a freeze on a judge’s order requiring the military to allow openly gay troops.

A three-judge panel of the Ninth US Circuit Court of Appeals instructed lawyers for the gay rights group that brought the lawsuit successfully challenging the so-called “don’t ask, don’t tell” policy to file arguments in response by Monday.

The 1993 “don’t ask, don’t tell” rule said gays may serve but only if they keep secret their sexual orientation.

The judges would then decide whether to extend the temporary stay while it considers the government’s appeal against US District Judge Virginia Phillips’ ruling that the policy was unconstitutional.

It was unclear what effect the temporary freeze would have on the Pentagon, which has already informed recruiters to accept openly gay recruits and has suspended discharge proceedings for gay service members.

Cynthia Smith, a Pentagon spokeswoman, said “for the reasons stated in the government’s submission, we believe a stay is appropriate”.

She declined to say whether the Defence Department would roll back its guidance to military lawyers and recruiters that they must abide by last week’s injunction.

It has been assumed, however, that the Pentagon would revert to its previous policy of “don’t ask, don’t tell” if a stay were to be granted throughout the appeals process.

President Barack Obama said last week that the Clinton-era law “will end on my watch” but added that “It has to be done in a way that is orderly, because we are involved in a war right now.”

He said he supports repeal of the policy, but only after careful review and an act of Congress.

A lawyer for the Log Cabin Republicans said the group was disappointed, but called it a minor setback.

The group, which brought its lawsuit in 2004, argues that forcing gays in uniform to remain silent about their personal lives violates their First Amendment rights and that the military’s reluctance to end the policy was based on unfounded fears, not facts.

“We hope that the Ninth Circuit will recognise the inherent contradiction in the government’s arguments for a longer stay in light of eight full days of non-enforcement with no ’enormous consequences’,” said Alexander Nicholson, a gay veteran who also was a plaintiff in the Log Cabin lawsuit.

Government lawyers argue that striking down the policy and ordering the Pentagon to immediately allow openly gay service members could harm troop morale and unit cohesion when the military is fighting two wars.