The Justice Department has asked a federal court to put a hold on the judge's order this week that declared the military's "Don't ask, don't tell" policy unconstitutional.
"The Government intends to appeal the Court's decision. During the pendency of that appeal, the military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the Nation is involved in combat operations overseas," said Clifford Stanley, Undersecretary of Defense for Personnel and Readiness in documents filed this afternoon in a California federal court. The magnitude of repealing the DADT law and policy is demonstrated by the Department's ongoing efforts to study the implications of repealing DADT."
What's more, Stanley says, "an injunction before the appeal in this case has run its course will place gay and lesbian servicemembers in a position of grave uncertainty. If the Court's decision were later reversed, the military would be faced with the question of whether to discharge any servicemembers who have revealed their sexual orientation in reliance on this Court's decision and injunction. Such an injunction therefore should not be entered before appellate review has been completed."