July 7, 2011
By Jim Garamone, American Forces Press Service
WASHINGTON, July 6, 2011 — The 9th Circuit Court of Appeals has ordered the government to stop enforcing the terms of the law that prevents openly gay service members from being in the military.
The Defense Department will comply and is informing commands worldwide of the court’s order, Pentagon spokesman Marine Corps Col. Dave Lapan said.
The court lifted a stay put in place Nov. 1. DoD and Justice Department lawyers are studying the ruling.
The stay was put in place after 9th Circuit Judge Virginia Phillips ruled the “Don’t Ask, Don’t Tell” law was unconstitutional. The case went to a three-judge panel on the Court of Appeals, which released its ruling today.
Since the court issued the stay in November, Congress passed and President Barack Obama signed repeal of the 1993 law.
“In the meantime, implementation of the DADT repeal voted by the Congress and signed into law by the president last December is proceeding smoothly, is well under way, and certification is just weeks away,” Lapan said.
The repeal act calls for training the force and for the chairman of the Joint Chiefs of Staff and the secretary of defense to certify to the president that the conditions for repeal are met.