FRC Welcomes Emergency Stay Request on 'Don't Ask, Don't Tell' Ruling

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Oct 14, 2010, 08:53 ET

WASHINGTON, Oct. 14 /PRNewswire-USNewswire/ -- Family Research Council today welcomed the Justice Department's action in requesting a stay of an injunction issued Tuesday in a case dealing with homosexuality in the military. U.S. District Court Judge Virginia Phillips ruled last month that the 1993 law against homosexuality in the armed forces is unconstitutional, and this week issued an injunction ordering that its enforcement be immediately halted and that any investigations or separation proceedings under the law be suspended.

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FRC President Tony Perkins issued the following statement:

"The Obama Justice Department, whatever the motivation, fulfilled its duty today in asking Judge Phillips for an emergency stay, and if she refuses to grant one, they should immediately appeal to the Ninth Circuit Court of Appeals.

"The Obama Administration announced a process earlier this year to prepare for the repeal of the current law. They have already short-circuited that process once, by backing legislation that would overturn the law even before the military's review process was complete. But to allow a single judge to substitute her views for the military's was too much even for this administration. Now the administration should fulfill their responsibilities by appealing her original ruling as well, and offering a vigorous defense of the law in court.

"Secretary of Defense Robert Gates warned yesterday that overturning the law abruptly would have 'enormous consequences.' He is right about that; but he now needs to recognize that changing the law at all would have enormous - and serious - consequences for our armed forces.

"The Pentagon is reported to have ordered officers to stop enforcing the law against open homosexuality. If accurate, this report vindicates Secretary Gates' prediction of confusion. Additionally, Pentagon officials have referred to Judge Phillips' ruling as 'the law.' Her ruling is not the law but rather a single federal judge's decision to overturn a lawfully-enacted element of the Uniform Code of Military Justice. It is the height of judicial arrogance and, especially in light of the requested stay, should in no way determine military policy toward open homosexuality in the Armed Forces."

SOURCE Family Research Council