A 3-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 today to make a temporary stay permanent while the United States is appealing its loss in federal court in Log Cabin Republicans v. United States in which a federal U.S. District court judge struck down the "Don't Ask, Don't Tell" policy and enjoined the government from enforcing the policy.
Read the text of today's ruling below:
DADT Stay Order 11.01.2010
This means that the military's ban on open lesbian and gays serving in the military will continue during the expected lengthy appellate process. The government's brief in that appeal is not due until January 24, 2011.
However, per President Obama's promise that DADT will end this year, there is still a chance that legislation to repeal the policy will be passed by Congress in a lame duck session after tomorrow's election but before the newly elected members are sworn in for the 112th Congress on January 3, 2011.
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