Family Research Council Welcomes Court Ruling on Homosexuals in the Military

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Nov 02, 2010, 03:59 ET

WASHINGTON, Nov. 2, 2010 /PRNewswire-USNewswire/ -- Family Research Council today welcomed yesterday's ruling, by a three-judge panel of the Ninth Circuit Court of Appeals, extending indefinitely a stay of the lower court ruling which had declared the current law against homosexuality in the military to be unconstitutional. U.S. District Court Judge Virginia Phillips had issued a worldwide injunction October 12 against enforcement of the law (often referred to as "Don't Ask Don't Tell"), leading the military to briefly suspend discharges under the law.

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The court concluded that "allegations that the lack of an orderly transition in policy will produce immediate harm and precipitous injury are convincing." The panel also cast doubt on the merits of Judge Phillips' central claim in the case of Log Cabin Republicans v. U.S. that the law is unconstitutional, noting that "the district court's analysis and conclusions are arguably at odds with the decisions of at least four other Circuit Courts of Appeal."

Family Research Council President Tony Perkins issued the following statement:

"Family Research Council believes that allowing open homosexuality in the military under any circumstances would cause intolerable harm to good order, morale, discipline, and unit cohesion. However, even the Obama Administration, and now the Court of Appeals, agree that overturning the current law precipitously would be highly disruptive. The court's ruling also shows how far outside the mainstream Judge Phillips is on an issue that has already been litigated several times.

"I am confident that the current law will be upheld as constitutional in the end. The courts should continue to defer to Congress regarding the laws which govern the military. Congress, in turn, should wait for delivery of the results of the Pentagon's year-long study of the issue in December, and then take no action on legislation until all the issues have been aired in hearings."

SOURCE Family Research Council