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July 09, 2011

Federal court injunction stops DADT discharges

In response to the injunction issued in Log Cabin Republicans v. Panetta, and put back into effect by the Ninth Circuit on Wednesday, the Defense Department has stopped discharges under Don't Ask Don't Tell. DoD is simultaneously proceeding with the certification process established in the legislation ending the policy, with completion expected within weeks. Repeal occurs 60 days after certification.

From a military press service:

In a memorandum for the secretaries of the military departments, Clifford L. Stanley, undersecretary of defense for personnel and readiness, directed the services to comply with the injunction immediately.

“It remains the policy of the Department of Defense not to ask service members or applicants about their sexual orientation, to treat all members with dignity and respect, and to ensure maintenance of good order and discipline. Further, because the injunction is once again in effect, the department will process applications for enlistment or appointment without regard to sexual orientation,” the memorandum read, in part...

Pentagon spokesman Marine Corps Col. Dave Lapan said lawyers in the Defense and Justice departments are reviewing the court’s ruling to determine what actions may follow...Lapan said four service members have been discharged under the law since October, the most recent of which was effective June 23. Any possible appeal to the injunction is “still being discussed and looked at,” he said.

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