Don't Ask Don't Tell Is Back On, Indefinitely: Initial Reactions

(Nov. 1) -- The day before the critical midterm elections, the Obama administration has won its federal case to extend the freeze on the overturning of "don't ask, don't tell," which was ruled unconstitutional by another federal judge less than a month ago. What does it all mean?

Under the previous ruling, the controversial policy of discharging openly gay servicemen and women was effectively arrested, with U.S. District Judge Virginia Phillips twice maintaining that the military could no longer enforce it, despite an attempt by Obama administration lawyers to secure an emergency stay. As such, the Pentagon began accepting openly gay military recruits just two weeks ago, though it warned current service personnel not to disclose their homosexuality for fear of repercussions if the decision were eventually overturned.

But on Oct. 21, an emergency stay was granted by the three-member 9th U.S. Circuit Court of Appeals, superseding Phillips' ruling and throwing the Pentagon for a loop. Today, that stay has been extended indefinitely, which, as The Associated Press points out, "means gay Americans who disclose their sexual orientations still can't enlist in the armed forces and can be discharged."

Suffice to say, many gay-rights advocates and activists were beyond disappointed with the news, and more so with President Barack Obama, who has repeatedly said that DADT will end while he's in office and yet has consistently backpedaled from action by the courts that would expedite such an ending. Again, arriving on the eve of a midterm election in which the president's party is poised to suffer historic losses, the news may have a powerful impact on voters Tuesday.

Just check out some of the reactions from around the Web:

Blogosphere

"Overall, while the decision says nothing directly about the ultimate merits of the constitutional challenge to DADT, it does reinforce the heavy burden the Log Cabin Republicans [the plaintiffs] are going to face on appeal. Military policy is an area where courts rarely intervene, even if the justifications for the policy are very thin (as they are for DADT) and even if similar government policies would be unconstitutional if applied to [civilian] life. The writing is on the wall for this litigation." -- Dale Carpenter, The Volokh Conspiracy

"If the administration doesn't want to be blamed for this, then stop enabling it." -- John Aravosis, AmericaBlog

"The decision by the court now means that the pressure is on President Barack Obama to deliver upon his promise of a legislative solution, which means that he needs to do a lot more work when Congress reconvenes after the election given that he did almost nothing back in September to try and get the repeal of DADT passed." -- Bridgette P. LaVictoire, LezGetReal

Twitter

Obama Administration allowed to continue enforcing failed #DADT policy / Once again #POTUS stands in the way of #GLB servicemembersless than a minute ago via Twitter for BlackBerry®LogCabinRepublicans
LogCabinGOP

Guess those recent openly-gay military applicants are in limbo, as a federal appeals court ruled today Pentagon could still enforce DADT...less than a minute ago via webJames Richardson
JamesRichardson

@cspanwj DADT just got inflated again so political football could resume. We need a court that works for its ppl and not the elite.less than a minute ago via Twitter for BlackBerry®Dennis Lane
DennisLane

Mr. President, we notice that your appeal on DADT was successful. Now, what was you were asking of the LGBT community tomorrow???less than a minute ago via TweetDeckJeff Dodd
still_Jeff

It's been an hour since the appeals decision broke; when are we going to get details? (God, DADT is going back and forth just as much as 8.)less than a minute ago via Power TwitterAlexandria
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