October 19th, 2010
The Associated Press is reporting that the Pentagon has issued new guidance to recruiting offices in the wake of last week’s injunction barring enforcement of “Don’t Ask, Don’t Tell”
Spokeswoman Cynthia Smith said Tuesday that top-level guidance has been issued to recruiting commands informing them that the military’s “don’t ask, don’t tell” rule has been suspended for now. Recruiters also have been told to inform potential recruits that the moratorium could be reversed at any point.
It’s important to pay close attention to that last point. If the lower court’s finding that DADT is unconstitutional is overturned on appeals, the law would go right back into enforcement, and those who declare that they are gay will be subject once again to discharge under DADT. The Justice Department has already indicated that they intend to appeal the decision. That’s why Congressional repeal is still so important.
Last week, the Defense Department announced that they have called a halt to all DADT discharges for the duration of the injunction.
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Greg
October 19th, 2010
If the Pentagon is saying they consider the ruling that DADT is unconstitutional binding nationwide, then why is the DOJ appealing? Then Congressional repeal wouldn’t matter one lick.
Lindoro Almaviva
October 19th, 2010
Because for some reason the powers that be have convinced the "fearless advocate" that the homophobia in the military is from the bottom up and not from the top down, inspite of what pretty much every study has said. Therefore, the "fearless advocate" is in fear that all of a sudden gay people will be on the receiving end of hell because they exist in the military.
It all boils down to this: The upper tear of the military want to take their sweet time in stalling this because they think that after the Nov 2 ellections they will not have to do anything about it and they will continue with their good 'ol boys antics and go unchecked. They have been successful in masking it behind the veil of "concern" and the white house has fallen for their bullsh1t.
Jim Burroway
October 19th, 2010
If the Pentagon is saying they consider the ruling that DADT is unconstitutional binding nationwide, then why is the DOJ appealing?
The reason the Pentagon considers the ruling binding nationwide is because the Judge so ordered that it be binding nationwide in her injunction. The Pentagon, to its credit, is merely following the judge’s ruling. As stated in the blockquote above, if the injunction is ever changed or rescinded, the previous policies will immediately be back in force.
As far as the reasons for the appeal itself is concerned, it comes down to whether the Justice Department agrees that DADT is, in fact, unconstitutional.
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