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Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Top Stories Most Popular Photos Full Coverage Sitemap Gays adopt wait and see approach on US military ban AFP - Thursday, October 21 Send IM Story Print Gays adopt wait and see approach on US military ban NEW YORK (AFP) - – A judge has unlocked the door for gays wanting to openly join the US military, but many are adopting a wait and see approach because they fear the decision is not set in stone and could be reversed. District Judge Virginia Phillips of California on October 12 ordered American commanders around the world to stop enforcing a 17-year military policy that requires gay troops to keep quiet about their sexuality or face expulsion. But what could have been a watershed moment for gays serving in the US armed forces has instead been overshadowed by interminable legal wrangling as President Barack Obama's administration fights the decision. The irony is that Obama and his government are fierce advocates of scrapping the ban, they would just prefer it to be done by Congress and after a Pentagon review of the implications has been completed by the year-end. The Pentagon announced on Tuesday that it was accepting openly gay recruits for the first time in the country's history, but it also warned that the "Don't Ask, Don't Tell" rules could be reinstated by the courts. Consequently, gays are not exactly flocking to enlist. "During this interim period of uncertainty, service members must not come out and recruits should use caution if choosing to sign up," said Servicemembers Legal Defense Network executive director Aubrey Sarvis, a US Army veteran. "The bottom line: if you come out now, it can be used against you in the future by the Pentagon," Sarvis added in a statement. Some activists, though, have taken the plunge, including Army Lieutenant Dan Choi, an Iraq war veteran who came out on cable television program in March 2009 and is considered a poster child for the repeal of "Don't Ask, Don't Tell." The 29-year-old graduate of the prestigious West Point military academy, who was discharged earlier this year for being gay, made a public event of his re-enlistment on Tuesday in New York. Choi first tried to enlist at a US Marines recruiting station in midtown Manhattan, but after being told he was too old, filled out papers to re-enlist in the army. "We're still in a war, and soldiers are needed," Choi said. "I have a newfound faith in our government that at least one branch is on the side of the Constitution, is on the side of the people." The Justice Department on Wednesday urged an appeals court in San Francisco to immediately suspend Phillips's repeal and "maintain the status quo." In its court filings, the Justice Department laid out the argument that more time was needed to provide forces, especially combat troops, with "proper training and guidance" with respect to the policy change. Opponents of the ban argue that it violates the rights of gay service members and has harmed national security by forcing out some 14,000 qualified troops. Advocates, including the outgoing head of the US Marine Corps, say it ensures "unit cohesion" and that changing the law during wartime could prove disruptive. If the ban is lifted for good, the American military would be following the example of other US allies, including Britain and Israel, which have reported no serious problems since allowing gays to serve openly in uniform. Polls have shown a majority of Americans support ending the ban, but Republican lawmakers, including former presidential candidate John McCain, opposed the most recent attempt to change the rule. Gay rights groups had urged Washington not to further appeal the ruling, fearing endless delays if the president tries to go down the congressional route. Democrats in the Senate failed to get to the necessary votes to overturn the policy in September, after the House of Representatives had approved measures to change it in May. Aaron Belkin of the Palm Center, a California think-tank, didn't blame Obama for seeking a more failsafe legislative solution through Congress that suits his generals more, but said it was unclear what would happen if it fails. "If he drops the appeal, DADT will be dead and we will enter the 21st century with the rest of the civilized world," Belkin told AFP. 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