A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled Wednesday that the U.S. military can no longer enforce the "dont ask, don't tell" policy.
The panel ruled that DADT must be lifted immediately and cited the recent Department of Justice brief in Golinski v. U.S. Office of Personnel Management, in which the government said, “gay and lesbian individuals have suffered a long and significant history of purposeful discrimination.”
The court also noted that Congress passed a bill in December to lift the ban on gay and lesbian service members serving openly.
In October 2010, U.S. district judge Virginia Phillips ruled DADT unconstitutional and ordered that the military stop enforcing the policy, though the Ninth circuit issued a stay on that ruling pending appeal in the case, filed by the Log Cabin Republicans.
"Today the government is enjoined from applying or enforcing [DADT], it's that simple," Dan Woods, lead attorney in the Log Cabin Republicans case against the policy, told The Advocate Wednesday. "We don't have to wait for politicians and bureaucrats to certify whether the military is ready for repeal, because the courts have done it."
Woods said he has not received any information on whether the Justice Department intends to appeal the ruling. On Friday the DOJ submitted a brief in Golinski, a case challenging the Defense of Marriage Act, in which it articulated its position that the law is unconstitutional, and that laws discriminating on the basis of sexual orientation -- of which DADT is an example -- should be subject to heightened judicial scrutiny.
Alexander Nicholson, executive director of Servicemembers United and the sole veteran plaintiff in the Log Cabin case, said in a statement Wednesday that this ruling may be the ultimate decision on the case.
"I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran on this lawsuit," he said. "Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law."
The Department of Defense spokesman Col Dave Lapan issued a brief statement on Twitter shortly after the ruling came down that the Pentagon is studying the ruling with the Department of Justice, and will comply with the court's orders. He added that he was "taking steps to inform the field of this order."
Calls to the Justice Department and the Pentagon have not yet been returned.
Read the full order here
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