After a whirlwind couple of weeks that culminated in a federal judge refusing the government’s request for a stay of her decision to overturn “Don’t Ask, Don’t Tell,” an appeals court on Wednesday granted the temporary injunction.
“This court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal,” the judges of the Ninth Circuit Court of Appeals stated in their order. “The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented. Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010. To expedite consideration of the motion, no reply shall be filed.”
The move comes just a day after several gay service members discharged under the law took advantage of the earlier decision and sought to re-enlist in the military. LGBT rights advocates have urged gay and lesbian service members not to come out publicly until the issue is fully resolved, fearing this latest turn of events
Alex Nicholson, executive director of Servicemembers United, said his organization is “obviously disappointed” by the temporary stay of the “Don’t Ask, Don’t Tell” injunction.
Cynthia Smith, a Pentagon spokesperson, said the U.S. government believes that a stay is warranted because of views already articulated in the notice sent to the Ninth Circuit.
“For the reasons stated in the government’s submission, we believe a stay is appropriate,” she said.
The Blade will have updated coverage as developments warrant.