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The military may continue to enforce “don’t ask, don’t tell” while the government appeals a recent federal court decision striking down the policy as unconstitutional, a federal appeals court ruled Monday.
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A three-judge panel of the U.S. court of appeals for the ninth circuit ruled that the "the lack of an orderly transition in policy" could produce "immediate harm" and "precipitous injury" — echoing arguments made by the Obama administration’s Justice Department in the lawsuit Log Cabin Republicans v. United States of America.
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"We also conclude 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," ninth circuit judges Diarmuid F. O'Scannlain and Stephen S. Trott wrote.
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In a dissenting opinion, Judge William A. Fletcher wrote that he would have favored a stay of the district court's order if the Defense Department were barred from any further discharges of gay service members under DADT.
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Dan Woods, lead attorney for the Log Cabin Republicans, told The Advocate Monday afternoon that he was reviewing the court's ruling and that he will discuss with his client whether or not to appeal to the U.S. Supreme Court. "I imagine it will be a long shot," Woods said.
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However, Woods said he may file a separate motion seeking expedited arguments in the case. The ninth circuit allowed an expedited schedule in California's Proposition 8 case, with arguments scheduled for December 6.
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I am so, so over the disgusting deference given to religious based discrimination. And frankly, I don't know why any LGBT news or blogging operation parrots any of the bullshit emanating from Obama and the White House. The man doesn't mean anything he says. Oh, and right now, it's one of those moments when I believe the world would be a far better place if Christianity immediately disappeared and ceased to exist.
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