Appeals Court Rules ‘Don’t Ask Don’t Tell’ Policy Can Remain in Effect

Nov 1, 2010 7:40pm

ABC News' Ariane de Vogue reports: A federal appeals court ruled today that the "Don't Ask Don't Tell" policy, which bars openly gay troops from serving in the military, can remain in effect while the Obama administration appeals a lower court's ruling that the policy is unconstitutional.

By a 2-1vote, the appeals court said that "the public interest in ensuring orderly change of this magnitude in the military–if that is what is to happen–strongly militates in favor of a stay. "

A lawyer for the Log Cabin Republicans, a group that is challenging the policy, said in a statement: "The court’s ruling is a disappointment not only to us, but also to all homosexual servicemembers who bravely put themselves in harm’s way so that we can all enjoy the constitutional rights and freedoms that they themselves are being denied.”

The group's lawyer, Dan Woods of White and Case, said his client had not decided yet whether to ask the Supreme Court to review today's decision.

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