October 13th, 2010
02:28 PM ET
4 years ago

Obama administration expected to appeal ruling on gays in military

Washington (CNN) - The Obama administration is expected to appeal as soon as Wednesday a federal judge's ruling that halted the Defense Department from enforcing its policy that bars openly gay people from military service, according to senior administration officials familiar with the government's plans.

U.S. District Court Judge Virginia Philips issued an injunction Tuesday that bans enforcement of the "don't ask, don't tell" policy throughout the military services.

While the government has up to 60 days to file an appeal to the Ninth Circuit Court in San Francisco, California, officials familiar with the case said that could happen in the next day or two.

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soundoff (19 Responses)
  1. william mcconkey

    That would be wrong.

    October 13, 2010 02:32 pm at 2:32 pm |
  2. Nick S

    If they appeal, this is the straw that broke the camel's back: Obama loses my vote.

    October 13, 2010 02:36 pm at 2:36 pm |
  3. Mr. Independent

    I wonder how the Obamabots are gonna defend their boss if he break his promise about DADT. IF he appeals this ruling it would definitely prove that Obama is as mush gayhater as the the conservative is. Obama is a lier!

    October 13, 2010 02:45 pm at 2:45 pm |
  4. gt

    this country is sick of judges who decide major issues...good for obama ...

    October 13, 2010 02:46 pm at 2:46 pm |
  5. vic nashville tn

    If our congress acts fast we won’t here today every one in congress worried about election try to save their jobs
    long long way to go

    October 13, 2010 02:53 pm at 2:53 pm |
  6. Bruce

    There goes Obozo again, flip-flopping on another campaign pledge promise that he's back-tracked on. You just can't trust this guy.

    October 13, 2010 02:58 pm at 2:58 pm |
  7. angry liberal

    I wonder how gays who voted for Obama feel? Hey he got your vote – thanks – now he'd like you to shut up.
    Welcome to the New Status Quo.

    October 13, 2010 02:58 pm at 2:58 pm |
  8. T'SAH from Virginia

    IF YOU ASK – I WILL TELL
    I'M SERVING MY COUNTRY
    YOU GO TO HELL

    WHO ARE YOU – TO TELL ME NO
    WHAT GIVES YOU THE RIGHT
    I WANT TO KNOW

    I know a person who have served this country and came out honorably. Now he is an 'open gay'. If he wants to reenlist as an open gay – he cannot????? Man, this is not right and we know it.

    Forty years ago Martin Luther King marched – Today, we have an African American president. Who would have ever thought that would happen forty years ago???? I give less than 5 years from now and this issue will all be OLD NEWS!! So why don't we end it NOW and get it over with instead of DRAGGING it out for NO REASON...it's inevitable it’s going to happen!!!!

    This is T’SAH from Virginia and I agree with this message and the appeal!!!

    October 13, 2010 03:06 pm at 3:06 pm |
  9. NorCalMojo

    This should be interesting. The dirty secret is that the don't ask don't tell policy was a way to avoid dealing with the shower situation. Army policies are built around the assumption of heterosexuality. If that assumption is gone, they don't work.

    Now what?

    The only way I can see is unisex showers. Anything else would be unfair. If heterosexual men can overcome their hangups about showering homosexuals, female soldiers can get over their hangups about showering with heterosexual men.

    October 13, 2010 03:12 pm at 3:12 pm |
  10. zkacala

    it is lately difficult to post any negative comment about current administration cnn is trying to create illusion that many support what is going on in WH

    October 13, 2010 03:15 pm at 3:15 pm |
  11. Annoyed

    Another thing Obama and his "liberal" administration is going back on. What I dont understand is you want the thing repealed anyways why waste tax payers money to fight it in court, I mean I know he likes to spend spend spend but cmon now. Wow was I stupide to get on that bandwagon when I voted for him, will not happen in 2012. Good riddens is what I say. Annoyed democrat here might switch to Independent.

    October 13, 2010 03:18 pm at 3:18 pm |
  12. Shari from Madison

    If the WH does this I will be upset as President Obama has said he wanted this practice stopped, but he must have his reasons and I still trust him, unlike many so called democrats.

    October 13, 2010 03:20 pm at 3:20 pm |
  13. edward

    Typical politics. Obama says he is against the policy but lets the justice department appeal the decision. He wants his cake and eat it too. If he had any true character he would pick a side and use his presidential authority to push his point of view. He does the same with gay marriage. He does not support it, but he doesn't want to appear anti gay marriage either. We need people with character in office. Not these nutjobs.

    October 13, 2010 03:21 pm at 3:21 pm |
  14. Chessnutz of Liverpool NY

    Do you understand now? It doesn't matter what party is in power whether democrat or republican the corporate masters who run our country with disregard of the US Constitution do not want the rightful civil rights of the gay community.

    October 13, 2010 03:22 pm at 3:22 pm |
  15. Nan Bush

    Why isn't our Justice Department noticing things like the experience of other countries that allow gays in their military? For instance, this report on Wikipedia:
    * * *
    As of 1992, lesbians, gays and bisexuals are allowed to openly serve in the military. A study of gays and lesbians in the Canadian military has found that after Canada’s 1992 decision to allow homosexuals to serve openly in its armed forces, military performance did not decline.

    The study is the most comprehensive academic study of homosexuality in a foreign military ever compiled and reflects an exhaustive inventory of relevant data and research. Its title is "Effects of the 1992 Lifting of Restrictions on Gay and Lesbian Service in the Canadian Forces; Appraising the Evidence".

    * Lifting of restrictions on gay and lesbian service in the Canadian Forces has not led to any change in military performance, unit cohesion, or discipline.
    * Self-identified gay, lesbian, and transsexual members of the Canadian Forces contacted for the study describe good working relationships with peers.
    * The percent of military women who experienced sexual harassment dropped 46% after the ban was lifted. While there were several reasons why harassment declined, one factor was that after the ban was lifted women were free to report assaults without fear that they would be accused of being a lesbian.
    * Before Canada lifted its gay ban, a 1985 survey of 6,500 male soldiers found that 62% said that they would refuse to share showers, undress or sleep in the same room as a gay soldier. After the ban was lifted, follow-up studies found no increase in disciplinary, performance, recruitment, sexual misconduct, or resignation problems.
    * None of the 905 assault cases in the Canadian Forces from November, 1992 (when the ban was lifted) until August, 1995 involved gay bashing or could be attributed to the sexual orientation of one of the parties.
    * * *
    Also, check out the list of countries that do and don't. What makes us think we're different?

    October 13, 2010 03:25 pm at 3:25 pm |
  16. Randolph Carter, I'm no expert, but...

    See? How on earth can you teabaggers possibly think he's a socialist when he doesn't even have one progressive bone in his body? Name one policy or proclamation Obama's made that is even remotely not a big corporate suckup. You can't, can you? Gawd, Americans are so ignorant. Have a nice day!

    October 13, 2010 03:36 pm at 3:36 pm |
  17. Wash my hands of Obama...

    Obama's Justice Dept is appealing the ruling so Congress can take up the issue!! WTF? And Congress is about to be taken over by the bigoted GOP!!! Looks like gays/lesbians will continue to persecuted by the US Military! What a moron! Obama just lost my vote. He's been a huge disappointment, and it's getting WORSE! IF he appeals this, I'm freakin' DONE! I hate the GOP alternative, but if we don't hold these people accountable, they'll continue to piss in our face (and that's no worse than the GOP)! I'm tired of it! Keep on, Barack....lose your liberal base too (since you've already lost Independents and Moderates). Idiot, idiot, idiot! Ugh, I'm disgusted.

    October 13, 2010 03:45 pm at 3:45 pm |
  18. Gale

    Bet he puts it off until elections are over, huh?

    October 13, 2010 03:49 pm at 3:49 pm |
  19. David Maggio, MPH

    Abolishing Don't Ask Don't Tell is necessary but not sufficient to ensure the dignified cultural change required for gays to serve openly in the U.S. military. Accompanied by diversity training, psychological assessments to identify potential latently violent homophobic individuals, and one-on-one counseling, perhaps most of the severe bullying and violence can be avoided. Does anyone know if such... support is being made to military personnel? Or are we to anticipate stories like the New York beatings and rape last week to be occurring in the armed forces? This is not a time to rejoice just yet. Right now, I see a formula for disaster. The military is culpable for any harm that comes to our gay brothers and sisters serving openly if they do not back up a major cultural change during a time of war with effective strategies to address homophobia.

    October 13, 2010 03:55 pm at 3:55 pm |