the don't tell show

9th Circuit Upholds DADT Stay Because Letting Gays Serve Openly Is a Change of ‘Magnitude’

In an eight-page decision, the Ninth Circuit Court of Appeals granted DoJ’s request to stay Judge Virginia Phillip’s DADT injunction until the government exhausts all appeals. How come? Because, the three-judge panel decided (with one judge dissenting), laws passed by Congress should be given the benefit of the doubt they are constitutional, and “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.” The Log Cabin Republicans can now seek to have the Ninth Circuit hear the case or make an emergency request to the Supreme Court.