Supreme Court Keeps ‘Don’t Ask Don’t Tell’ in Effect

Nov 12, 2010 1:51pm

ABC News' Ariane de Vogue reports:  The Supreme Court issued an order on Friday denying a request from a gay rights group to ban the implementation of "don't ask don't tell."

In October, District Court Judge Virginia Phillips ruled that the policy — which bans openly gay troops from serving in the military — was unconstitutional, and she issued a worldwide injunction blocking its enforcement.

An appeals court later overturned the injunction, deciding that the policy could remain in effect while the government appealed the merits of the case.

Today’s order from the Supreme Court is a victory for the Obama administration. The president has said that he believes the policy should be repealed by Congress and not the Courts.

The application was sent to Justice Anthony Kennedy, who has jurisdiction for the 9th Circuit Court of Appeals. Kennedy referred the matter to the full court.  Justice Elena Kagan took no part in the decision, presumably because of her role as Solicitor General before taking the bench.

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