October 20th, 2010
10:59 AM ET

U.S. expected to appeal order lifting 'don't ask, don't tell' policy

Adam Levine

Washington (CNN) - The Obama administration is expected to appeal a federal judge's order barring the military from enforcing its ban on gays and lesbians serving openly.

Any government challenge would go before the 9th Circuit Court of Appeals in San Francisco, California.

Late Tuesday, U.S. District Court Judge Virginia Phillips in California denied the government's request for an emergency stay of her order barring the military from expelling openly gay service members.

The ruling came as the Pentagon has begun advising recruiting commands that they can accept openly gay and lesbian recruit candidates, according to a Pentagon spokeswoman.

The guidance from the Personnel and Readiness office was sent to recruiting commands on Friday, according to spokeswoman Cynthia Smith.

The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed. Recruiters are not allowed to ask candidates if they are gay as part of the application process.

The notice also reminded recruiters that they have to "manage expectations" of applicants by informing them that a reversal of the court decision might occur, whereby the "don't ask, don't tell" policy could be reinstated, Smith said.

Groups representing gays and lesbians have warned against coming out to the military because the policy is still being appealed in courts.

Full story

Filed under: 360° Radar • 360º Follow • Gay & Lesbian Issues
soundoff (8 Responses)
  1. Drew

    I think it is pathetic the way our goverment has treated the gay community....ok to get married, oops can't get married.....ok to join the military, opps can't join the military...When before has another group of Americans been treated this way ?

    October 21, 2010 at 10:14 am |
  2. Juan

    I'm a former Marine and did my tours to Iraq. So I believe "don't ask don't tell" is a violation of someones civil rights. They are people and if they want to serve their nation they should be allowed to. We are suppose to be a professional military force. So lets show the world that we really are.

    October 20, 2010 at 10:58 pm |
  3. College Student

    Clarify this article please!

    October 20, 2010 at 4:39 pm |
  4. David B Johnson

    I watched the (senator/congressman)s comment on the "don't ask, don't tell", policy, and his comment was "historically......". I'm very happy he wasn't around for the civil rights voting!

    October 20, 2010 at 4:19 pm |
  5. Brian

    "The troops daily stand up for you, now it's your turn to stand up for them."

    Exactly. You stand up for the troops by allowing them to serve their country openly, without being forced to lie to their comrades and pretend they're something that they're not.

    Don't Ask Don't Tell isn't a ban on gays in the military–in fact, it repealed a pre-existing ban on just that. Rather, it allows gays and lesbians to serve in the military, provided that they lie about themselves and do everything within their power to hide their sexuality.

    October 20, 2010 at 3:24 pm |
  6. jollypants

    The troops daily stand up for you, now it's your turn to stand up for them. The troops are being attacked by a MILITARY-HATING LIBERAL ACTIVIST JUDGE IN CALIFORNIA. Your mission as a red-blooded American citizen is to clean out this rat's nest of liberal activist judges by



    October 20, 2010 at 12:34 pm |
  7. Kenneth Biacci

    I wonder how the female service members will feel about taking a shower with a trans-gender male? What will the Marine recruits think about seeing other Marines that cross dress? What should a straight service member do if he/she observes homosexual behavior in the barracks? What about male service members that can't donate blood because they have had sexual relations with another male (check Blood Bank guide lines)? What should the military response be towards gay service members that swish or speak with an effete style that makes them hard to take seriously? What will be the response if there is a sharp drop off in enlistments; go back to the draft or use stop loss? None of these questions are being asked – and I think we should have answers before we jump into what could be a management quagmire.

    October 20, 2010 at 11:33 am |
  8. Jacqueline Marentette

    What? Are you saying a judge lifted the obviously ludicrous practice of expelling men and women from serving our country based on the simple fact that they are gay and the Obama administration is going Against this decision? Maybe I'm not reading properly. Could someone enlighten me?

    October 20, 2010 at 11:10 am |