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Friday, 24 September 2010 - Justice Dept. Seeks To Stop "Don't Ask, Don't Tell" Injunction
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    Home U.S. World Entertainment Sports Business Health Science Technology Politics Offbeat Environment Travel   Justice Dept. Seeks To Stop "Don't Ask, Don't Tell" Injunction Use Article Email Facebook Digg Twitter Buzz Up! Share September 24, 2010 9:35 a.m. EST Topics: minority group, gays and lesbians, politics, social issue, defense, justice and rights, armed forces, crime, law and justice, United States Kris Alingod - AHN News Contributor Washington, DC, United States (AHN) - The Justice Department has filed objections to a proposed injunction to "Don't Ask, Don't Tell," the ban against homosexuals serving in the U.S. military. The Obama administration is defending the filing, despite reiterating its opposition to DADT and expressing disappointment over the failure of Senate Democrats to repeal the policy. The administration filed its objections two days after Senate Republicans successfully blocked legislation repealing the ban, and two weeks after a district judge in Virginia ruled DADT unconstitutional. The ruling was in response to a lawsuit filed by the Log Cabin Republicans, which is seeking a worldwide injunction to stop the government from enforcing DADT. "The government should be afforded a reasonable amount of time to consider the terms of the injunction and to move for an appropriate stay before an injunction is made effective," the Justice Department said in its filing Thursday. "As the Court is aware, both the executive and legislative branches are actively examining the DADT law and policy." "A court should not compel the Executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military’s operations, particularly at a time when the military is engaged in combat operations," the administration added. The Defense Department is reviewing the effects of a repeal on morale and military readiness. The review will be completed in December and is being conducted by the Pentagon's top lawyer and Gen. Carter Ham, the commander of U.S. Army Europe. The White House is seeking a way to overturn DADT but is duty-bound to defend it in courts. It has agreed to support a proposal from Democratic lawmakers that would only begin the repeal process after the Pentagon has finished its review. Prior to implementation, the compromise, which is part of a larger defense authorization bill, requires certifications from President Barack Obama, Defense Sec. Robert Gates and Navy Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, that it can be achieved according to military standards of readiness, effectiveness, unit cohesion, recruiting and retention. Republican lawmakers had made clear their opposition to the compromise despite the prerequisites for implementation. They successfully filibustered the defense bill on Tuesday, delaying action on DADT until after the November elections. The White House said in statement Thursday night the president was "disappointed" when "political posturing" prevented legislative action on DADT. It also made clear that the Justice Department's filing "in no way diminishes the President's firm commitment to achieve a legislative repeal of DADT; indeed, it clearly shows why Congress must act to end this misguided policy." "The President spoke out against DADT in his first State of the Union Address, and the Secretary of Defense and the Chairman of the Joint Chiefs have both testified in support of repeal," the statement added. "And the Department of Defense continues to work on a plan on how to implement repeal. The President, along with his administration, will continue to work with the Senate leadership to achieve a legislative repeal of DADT as outlined in the NDAA this fall." About 13,000 service members have been discharged under DADT since the ban was instituted in 1993 through a defense authorization bill. Of these, at least 265 dismissals have been made under the Obama administration. Copyright © 2003 - 2010 AHN - All rights reserved.Redistribution, republication. syndication, rewriting or broadcast is prohibited without the prior written consent of AHN.License real time content for your website, business, digital signage network or publication. [ Close ] When publishing articles from AHN we require that you follow several simple rules and that you abide by our Terms and Conditions. You are free: To use and display the provided article text on a website or blog. 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