Appeals Court Grants Temporary Stay of ‘DADT’ Injunction

The Ninth Circuit Court of Appeals has granted a request from the Department of Justice for a stay in the injunction imposed by Judge Virginia Phillips barring enforcement of "Don't Ask, Don't Tell".

Dadt Talking Points Memo reports that the court issued a one-page order:

"This court has received appellant's emergency motion to stay the district court's October 12, 2010 order pending appeal. 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."

Chris Geidner at MetroWeekly writes:

This does not immediately change the military's policy of not enforcing DADT, as the Oct. 15 guidance from Undersecretary of Defense for Personnel and Readiness Clifford Stanley stated that, while seeking a stay, "the Department of Defense will abide by the terms of the injunction" and stated that "additional guidance" would come if a stay is granted.

This also is not a stay of the order that will last through the appeal. This is only a temporary stay granted through the time when the Ninth Circuit can decide — sometime after the Oct. 25 deadline given to the LCR attorneys to respond to the stay request — whether to issue a stay pending the outcome of the appeal. The decision will likely come soon after the Oct. 25 submission by LCR because the court will not hear oral arguments in the case and stated in its order that the government will not be allowed to file a reply brief, which would happen in the ordinary course of appellate briefing.

If a stay is granted pending the appeal, however, DADT would likely go back into effect in the interim, as the appeal is not even scheduled to complete the briefing process until the second week of March 2011.

Anybody else have a bad case of whiplash?


  1. homo genius says

    If I am reading this right, THERE WAS NO NEED FOR AN EMERGENCY STAY because the DoD is still complying with the injuction?

  2. Jon B says

    Seriously, Obama just REALLY doesn’t seem to get the idea of keeping promises to one’s base. This appeal is a smack in the face to everything that we voted for. It’s a huge disappointment.

    It also leads to an incredibly odd situation for the several enlistees who signed up openly during this window. This means additional legal troubles, ensuring that the issue is dragged out in public for at the very least the remainder of Obama’s Presidency should he not succeed in getting the law repealed legislatively. He’s really dug himself into a hole on this one. I hope he knows that, and that people continue to force the issue in town halls and debates.

  3. No Longer Voting For Obama says

    I don’t understand the political plan behind this. It seems that the Obama administration is in love with process and not that interested in outcomes. Do they really believe that the 25% of the country who favors DADT would be swayed to vote for Obama on this basis? Those folks are busying buying gold and watching Glen Beck in Boca.

    Gay people gave a tremendous amount of time and energy to get this man elected. I can’t imagine many gay people (I know there are some Kool-Aid lovers out there) giving time and money after this. The numbers of enthused Gay obama supporters after this will probably equal that of GOProud.

    I for one won’t be giving a cent of my money or second of my time. I am just disgusted and sick to my stomach.

    So what is the goal here? Process for process? It just seems so stupid on the Administrations part. But I guess we have seen this before in their attempts to water down health care to curry favor with the Republicans. So sad.

  4. says

    He could have worked DADT while he had a filibuster-proof majority in both houses. He did not.

    He delegated DADT to Dem legislators, and his people in the Senate mishandled it. He should have forcefully stepped in to right the course. He did not.

    Now he wants to address DADT in a lame duck session of congress in which he will likely have *less* Dem seats than he currently does. Good luck with that, Barack.

    The effort to repeal DADT has been one big f**king goat rodeo, courtesy of inept leadership in the White House and the Senate.

    I personally feel disrespected, disempowered, and sick to my very stomach. I cannot imagine how our gay and lesbian brethren and sistren in the armed forces must feel.

  5. bobbyjoe says

    The plan was to hippie punch with one hand while limply waving to his base with the other, but because Obama was already weakly on his knees in front of the military and Wall Street, he lost his balance and has now stumbled over flat on his face.

    I’d say Obama sucks, but that would be an insult to blowjobs.

  6. Trev says

    Congratulations Obama, our fierce advocate. You will be known as the President that made sure DADT was maintained as your policy.

  7. Omar says

    This guy, The President, has been such a huge disappointment. My thoughts are with the people that bought the hype and must be wondering where they went wrong. They should look back to the primary season of 2008…

  8. homo genius says

    “Where is HRC? Where are mass protests?”

    they too busy solicting donations for Joe Sestack.

  9. Loki7329 says

    I guess I’m glad to see that some people can still summon the energy to be upset by this. I came to terms with the fact that DADT would not be repealed during an Obama administration a long time ago. From the White House perspective, this wasn’t really mishandled. They were never really worried about not having enough votes repeal DADT during this Congress because that was never the plan. The first term was supposed to be about “setting the stage for eventually repeal.”

    That was what the whole hoopla about Gates and Mullens announcing their support for eventual repeal was all about. The yearlong report was only the beginning of the delay tactics to come. Next would come implementation of the study which would of course involve extensive retraining of the troops and evaluation of updating of current policies and facilities.

    Only after the military had gotten their house in order and felt prepared (maybe in the second term and only after withdrawal from both Iraq and Afghanistan) would the actual repeal of DADT be seriously entertained.

    What did you think all that talk about the “long view” was about. We freely chose to put all our hopes and ambitions in the Obama administration. Fool me once, shame on you….

  10. says

    @ Blake: but it IS intentional. For reasons we’ll someday learn, I suppose, Obama surrendered his balls to Gates before he was even sworn in…probably in exchange for Repug Gates agreeing to stay on…while SLDN virtually begged Obama not to reappoint him.

    The entire first year with nothing done, refusing to use his legal powers to freeze discharges pending repeal, the 2010 SOTU promise to work with Congress…immediately abandoned, allowing Gates to demand ANOTHER study after the Pentagon has been studying gays in the military for over 50 years, demanding Congress not do anything until after the end of the study which was purposely delayed until after midterms when lame ducks would no longer care about anything and survivors would be scurrying to the Right, the gay panic inducing questions in the questionnaires, forcing our allies in Congress to ditch any bill that mandated a end to discharges EVER, then not even helping pass the lame bill left, defending DADT in THREE different court cases, and now choosing to appeal this one rather that not which would have KILLED the ban forever.

    Instead, they’re continuing to murder any attempt to end it, all the while saying how much they love us like a wife beater standing over her cooing sweet nothings as he bashes her face in again.

  11. the greasybear says

    DC Democrats have failed gay America.

    Obama promised to fight to repeal DADT and DOMA, but once in power he does the exact opposite–if he addresses either issue at all, it is only to fight to retain these anti-gay Clintonian relics.

    And then there are the Congressional Democrats. Does anyone here believe your vote will earn you a bigger–or comparable–Democratic majority in Congress in the near future? In modern political times, it doesn’t get better than it did for Democrats in 2006-2008. It’s all downhill from here, in terms of the Dems being able to get anything done. Not that they were ever really good at that. They certainly failed to stand up for gays, or deliver any positive outcome.

    It’s like the DC Democrats wet their beds each morning in fear they won’t be able to surrender to the GOP fast enough.

    The Democrats want our votes. Their main argument: don’t let the current anti-gay status quo continue under the other party–let it continue under the Democrats! Yeah!

    Heckuva job, Democrats. Heckuva job. Have a nice fall…

  12. DavidW says

    Sorry to say but Americans are wreaking on themsleves what they did to the rest of the World when they used to be almighty powerful. The country is corrupted and fat and is spiralling downwards to chaos that the helpless spoiled children can’t even fathom how to get out of. Sad but screwed up.

  13. BobN says

    “So what is the goal here? Process for process?”

    It’s called Rule of Law. I can understand how some might have forgotten how things are supposed to work after eight years of a president ignoring the Constitution.

    And as for promises, Obama promised to work with Congress to repeal DADT. He never said he would handle it any other way.

  14. mad1026 says

    The first time a person I vote for is elected President, HE FUCKS GAYS OVER! I believed what he said about repealing DADT; I believed he would make things right. I drank the Kool-Aid and now I’m sorry. But if I’d voted for McCain, the illiterate Palin would be a heartbeat away from the Presidency and that thought frightens me. I apologize for Obama; I thought he was the better choice.

  15. says

    @ BOBN: my, my, my, how many times does a Queer Quisling wife have to be beaten before she disowns her husband?

    Obama is NOT working with Congress at all on ending the ban, let alone the Military Readiness Enhancement Act [MREA] that he PROMISED to personally fight for.

    “As president, I will work with Congress and place the weight of my administration behind enactment of the Military Readiness Enhancement Act, which will make nondiscrimination the official policy of the U.S. military.” – CANDIDATE Obama, November 29, 2007.

    Instead he BETRAYED his own promise, betrayed our allies in Congress at the same time he betrayed the gay community and the at least 66,000 gays forced to serve in silence, fearing they’ll be discovered and discharged just like the hundreds of others he has since being sworn in.

    “The Huffington Post,” June 3, 2010:


    The “compromise amendment” he forced on them AT BEST only repeals the law with nothing to require discharges stop EVER while the MREA would have required they stop within six months of his signature.

    WHY would someone who genuinely WANTS discharges to stop someday gut the bill of that requirement?

  16. will says

    Dammit, could this be any more of a roller coaster? first it’s accepted by the house; then it’s rejected by the senate; then it’s accepted by the 9th; then it’s stayed by an appeal.

    every time i have one shining moment of hope, it’s slapped down later.

    so, here I am, waiting once again for another move….so, what, the lame duck session after the midterm elections? really?

    and that fucking study….that stupid fucking study that is going to come around in december. all that is going to do is say, “well, we asked all the troops and it turns out it’s not a good idea to repeal DADT, so we’re going to just drop it right now”.

    end. of. story.

    I admire Obama’s original intention to rid this law thru congress….I get it. sure, it’s a great idea and it would have proven to me that our congress can actually do things…but once it started to fail along the way, he should have just waved his magic wand and just ended it once and for all.

  17. X says

    This whole situation is embarrassing at best and outrageous at worst. The halt to the halt on the ban on saying if you’re gay in the military would almost be funny if it weren’t so shameful. I’m almost horrified at how weak the US military is today if just treating gays normally is all it takes to break it– as if the whole foundation of our military was built on homophobia — and I hope to God it wasn’t or isn’t. This whole discriminatory situation is surreal and incredibly insulting, not to mention bad for America.

  18. FunMe says

    Stonewall Democrats sent me this. Maybe it should be PROTEST AGAINST OBAMA.
    We need to get to his face every day! GetEqual are you there?

    Rally with President Obama This Friday October 22nd – 10 AM

    What: Moving America Forward Rally with President Barack Obama
    Where: University of Southern California Alumni Park
    Enter from Trousdale Parkway, south of W. 34th St. LA, CA 90007
    When: Friday, October 22nd
    Doors open: 10:00 a.m.

  19. Martin Murray says

    Obama is a fucking bigotted asshole.

    He has kissed goodbye to 1 of the most loyal segments of his base support.

    Who’s in Southern California to protest against Obama at 10am tomorrow.

    The homophobic scumbag needs to know that he has lost LGBT support through his own cowardice, inaction and homophobia.

  20. GaryJ says

    I’ve been saying even before he was elected; that Obama and 40 thieves were con artists.

    The problem with the Gay Politicos, someone mention Gay and they hoist him up like a rally flag.

    I believe the violence against Gays is directly do to Obama and his fleecing of America. Anyone associated with Obama is on the hate ticket.

  21. Robert says

    Give me my money back and more importantly give me my vote back. Obama you are a fucking liar. I only hope you are a one term president. I, along with many in the LGBT community, owe Hillary an apology. I hope she runs against Obama in 2012 for the democrat’s nomination. If not I will vote for whomever the Republicans put up.