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Judge rejects government’s request for stay on DADT ruling

by Adam Russett on October 20, 2010

A Federal district judge has rejected the Obama Administration’s request to stay her October 12 ruling which barred the enforcement of Don’t Ask Don’t Tell, a policy that prohibits the government from asking a service member their sexual orientation and bans those who are openly gay from serving in the U.S. military.

Though the Obama Administration claims it is committed to repealing the law, it requested Judge Virginia Phillips hold the injunction until Congress could handle the matter, according to the New York Times.

Judge Phillips said the government failed to show any negative effects her injunction would have on an upcoming Defense Department study on the effects of repealing the DADT law, according to the Miami Herald. The study is expected to be complete on December 1.

Defense Secretary Robert Gates has testified to Congress that DADT policy was not working. However he also stated recently that an erupt end to the policy would have enormous consequences, according to Salon.com.

At an MTV town hall, President Barack Obama was asked why he has not overturned DADT by executive order. Obama responded that since Congress had passed the rule, only Congress should repeal it in order to protect the democratic process.

Legal experts agree that if Obama were to remove the law himself, he would not be viewed more favorably than Bush, according to Newsweek. The former president was often criticized for abusing his executive power.

When brought to the Senate in September, Republicans successfully filibustered a repeal. Democrats may try to pass it during the lame-duck session between the November elections and when the new Congress will be sworn in, reports The Wall Street Journal.

According to ABC News an Iraq war veteran and former Army Lt. Dan Choi, who was discharged from National Guard in July after outing himself as a gay man, has attempted to re-enlist after Judge Phillips’ injunction.

While recruiters were told to accept applications from those who are openly gay, they are also informing the applicants that a reversal of the policy may occur.

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