‘Don’t ask, don’t tell’ still in effect

The U.S. 9th Circuit Court of Appeals extended Nov. 1 its postponement of a federal judge’s suspension of the ban on open homosexuals serving in the military, meaning the “don’t ask, don’t tell” policy will remain in effect while the case is under appeal.

The panel of 9th Circuit judges voted 2–1 to continue indefinitely its Oct. 20 temporary stay of judge Virginia Phillips’ Oct. 12 ruling that invalidated the 1993 federal law and ordered its enforcement to cease worldwide.

The appellate court’s extension of the stay means homosexuals still may not enlist in the armed forces and may be discharged if they already are in the military. “Don’t ask, don’t tell,” as the 17-year-old law is known, prevents homosexuals from serving openly but also prohibits military commanders from asking service members if they are homosexual or about their “sexual orientation.”

Members of Congress are considering legislation to rescind “don’t ask, don’t tell.” (BP)