UPDATE: Federal Appeals Court Still Considering DADT Constitutionality

SAN FRANCISCO (AP) -- Even as federal officials laud the end of the U.S. military's ban on openly gay troops, Justice Department lawyers are trying to dissuade a federal appeals court from deciding if the "don't ask, don't tell" policy was unconstitutional.

They filed a motion Tuesday asking the 9th U.S. Circuit Court of Appeals in San Francisco to vacate a lower court ruling last September that found the ban violated the civil rights of gay service members.

The government says the case is moot now that "don't ask, don't tell" is history and the more than 14,000 people discharged under the policy can apply for reinstatement.

The gay political group Log Cabin Republicans, which brought the case, wants the appeals court to address the ban's constitutional implications.

The 9th Circuit heard arguments earlier this month but has not rendered a decision.

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Preparations for dropping the ban on gay military service have been in the works so long that Tuesday's official repeal is making few waves inside the military.

The Army, for example, planned a business-as-usual statement saying simply, "The law is repealed." Soldiers are expected to treat each other with dignity and respect -- as always.

Defense Secretary Leon Panetta and the chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, are expected to field questions about the repeal at a Pentagon news conference Tuesday. And congressional supporters of allowing openly gay service scheduled a news conference on Capitol Hill.

President Barack Obama said in July that repeal will not undermine the war-fighting readiness of the military. But opponents of repeal fear it will.


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  • by Anonymous on Sep 21, 2011 at 03:29 AM
    Have all you twinkle toes seen the WITN poll?
  • by Toni on Sep 20, 2011 at 07:16 PM
    Why does it matter if a gay person serves in the military? If they want to let them they aint there to bother anyone they are there to serve their country like everyone else.
  • by Bruce Location: ENC on Sep 20, 2011 at 05:31 PM
    You ultra-conservative hypocrites. You want govenment out of your lives but are inordinately concerned with the sex lives of others. Kind of sick I'd say.
  • by Army Retired Location: ENC on Sep 20, 2011 at 04:39 PM
    Trust me, the rank and file dislike this but are ordered to keep their mouths shut.
  • by Buckofama on Sep 20, 2011 at 03:40 PM
    The WITN poll on this topic is spot on as usual.Most communities,cities,counties,and states will agree.So sad the annointed one can not see this.But wait a minute,he needs some serious votes.
  • by Anon Location: ENC on Sep 20, 2011 at 10:49 AM
    In before OSOC barges in here proclaiming that only homosexuals contract AIDS
  • by G-Nasty on Sep 20, 2011 at 05:37 AM
    The Samurai of ancient Japan and the Spartans of ancient Greece are widley known as some of the best warriors of history and BOTH openly practiced homosexual acts. Put that in your pipe and smoke it.
    • reply
      by DJ on Sep 20, 2011 at 05:57 AM in reply to G-Nasty
      Completely different times, different social standards etc... They also fought with swords & spears, are you suggesting we go back to that? It worked for them so according to your analogy, we should still be fighting like that today.
      • reply
        by Mark on Sep 20, 2011 at 06:57 AM in reply to DJ
        Sorry DJ. That's not what G-Nasty said at all. Let me clear this up for you... he's saying that martial spirit and the ability to fight can coincide with being gay - regardless of weaponry.
      • reply
        by Anonymous on Sep 20, 2011 at 07:09 AM in reply to DJ
        So it's OK for gay people to fight with swords and spears but not M-16s?? Where's that logic?
        • reply
          by here on Sep 20, 2011 at 07:56 AM in reply to
          You just don't get it so there is no point in explaining any further or again. You are just thick headed is all.
        • reply
          by Anonymous on Sep 20, 2011 at 08:51 AM in reply to
          @here - no, I guess I don't. But that's OK because if I did get it, I'd be as wrong as you are.
    • reply
      by So on Sep 20, 2011 at 06:05 AM in reply to G-Nasty
      And your point would be what exactly?
      • reply
        by G-Nasty on Sep 20, 2011 at 07:34 AM in reply to So
        The point is that being gay doesn't mean you can't fight. A warriors spirit can reside within anyone.
        • reply
          by Thats funny on Sep 20, 2011 at 08:11 AM in reply to G-Nasty
          HAHAHAHAHAHAHA!Warriors spirit?Sounds like you have been slap by one.
        • reply
          by So on Sep 20, 2011 at 10:29 AM in reply to G-Nasty
          I don't think the issue was ever if gay men can fight. You really should do some research before trying to look intelligent, it helps tremendously!!
        • reply
          by G-Nasty on Sep 20, 2011 at 11:32 AM in reply to G-Nasty
          @ So. It's obviously about if gay men can fight because now they can in our military without fear of being discharged!
    • reply
      by That Clears It Up on Sep 20, 2011 at 07:13 AM in reply to G-Nasty
      No wonder we have so few good warriors left on the planet....the good ones never had offspring. Yeah, it was a good thing, wasn't it?
      • reply
        by ? on Sep 20, 2011 at 09:29 AM in reply to That Clears It Up
        Or you can actually pick up a book and read it, Sparta and the Samurai of ancient Japan just, well to put it bluntly, went out of style, firearms were the death of the Samurai and Sparta was disestablished in 146 BC. It has nothing to do having offspring, if someone comes along that has better tech then you, you ether get wiped-out or try and use that tech to your advantage. The real shame is the way Sparta treated their women, they had nearly equal status to the men of Sparta; it’s really sad when ancient civilizations were more advanced then most modern day nations.
  • by Awestruck Location: Greenville on Sep 20, 2011 at 05:12 AM
    Way to go Obama. Thanks for making our nation a laughing stock for the rest of the world.
    • reply
      by Truth on Sep 20, 2011 at 06:05 AM in reply to Awestruck
      Would you laugh if a gay soldier was firing his AR-15 at you? Somehow I doubt it.
      • reply
        by Anonymous on Sep 20, 2011 at 03:45 PM in reply to Truth
        Soldiers dont fire AR15s.
    • reply
      by Mark on Sep 20, 2011 at 06:53 AM in reply to Awestruck
      Most western militaries already have gays serving openly. We're finally catching up to our fellow democracies.
      • reply
        by Anonymous on Sep 20, 2011 at 07:13 AM in reply to Mark
        Yeah and thats why al qaeda the taliban and all of the other sound people that out numbers us want to kill us all.
        • reply
          by G-Nasty on Sep 20, 2011 at 08:02 AM in reply to
          "al qaeda the daliban and all of the other sound people" So terrorists and religious extremists are "sound people"? Maybe you should go live in a cave with them then...
        • reply
          by uh on Sep 20, 2011 at 08:40 AM in reply to
          I don't think Al Qaeda and the Taliban are "sound" nor do they out number us. We have the largest military in the world. But you are correct- our emphasis on freedom and democracy as a republic has been cited as contrary to rigid forms of religion worldwide, and we have interfered as a nation in tyranny related to religious extremism in the name of human rights, which has indeed brought the attention of terrorists. But to summarize that opposition and terrorism as attributable to homosexuals in the military seems absolutely delusional to me.
        • reply
          by Anonymous on Sep 20, 2011 at 09:08 AM in reply to
          You sound like you agree with the Taliban. Go join them.
        • reply
          by Anonymous on Sep 20, 2011 at 10:07 AM in reply to
          Let me clear that mistake(sound)up.I meant SAND.And for G girl it is taliban not Daliban.
      • reply
        by Chuck WireWiggler on Sep 20, 2011 at 07:26 AM in reply to Mark
        just to remind you, we are NOT a democracy. we are a republic. similar BUT different. Democracy is a system that seeks the lowest level.
    • reply
      by G-Nasty on Sep 20, 2011 at 07:35 AM in reply to Awestruck
      How about you voice that opinion to the families of the gay soldiers who died defending your freedom there Awestruck...
      • reply
        by Awestruck on Sep 20, 2011 at 10:13 AM in reply to G-Nasty
        I would voice my opinion to anyone. No matter who they are. Right is right, and wrong is wrong. No matter how you color it. Build a thousand bridges... You know don't you g nasty.
    • reply
      by Theresa on Sep 20, 2011 at 07:52 AM in reply to Awestruck
      He's been doing that for three years. Do we really expect any different from him? And to Mark...just because others do it, does NOT make it right. If your friend jumped from a twenty story building, would you follow?
  • by Anonymous on Sep 20, 2011 at 04:13 AM
    Commander in Chief??? Is that what people call the joke we have sitting in the White House... I call him the biggest mistake AMERICANS have ever made.... end of story
    • reply
      by Mark on Sep 20, 2011 at 06:52 AM in reply to
      Sorry buddy. The joke you're referring to was actually Bush II. A sick joke mind you...
    • reply
      by uh on Sep 20, 2011 at 08:36 AM in reply to
      Yes, that comes with the office of the president, regardless of whether you agree with his policy. What you "call him" is demonstrative of the immaturity which is typical of vocal republicans right now.
  • by Anonymous on Sep 20, 2011 at 03:44 AM
    ...And so, America slips further down into the moral sewer known as "political correctness".
    • reply
      by Harold on Sep 20, 2011 at 04:06 AM in reply to
      Yes it does... all part of the socialist agenda supported by the lemmings.
      • reply
        by Mark on Sep 20, 2011 at 06:54 AM in reply to Harold
        You need to turn off fox news and Rush. Maybe then you'd stop parroting idiocy.
        • reply
          by Tracy on Sep 20, 2011 at 07:46 AM in reply to Mark
          You need to open and READ the Bible. It clearly says homosexuality is a sin. It also says to follow the law except when it differs from God's law. And this is definately a contradiction to God's law. God's law comes FIRST then man's.
        • reply
          by Harold on Sep 20, 2011 at 08:07 AM in reply to Mark
          Never watched fox. Mabe you should pull your nose from the rectum of the lemming in front of you. Better yet, just keep running, the cliff is getting closer.
        • reply
          by Truth on Sep 20, 2011 at 08:14 AM in reply to Mark
          @Tracy, If that's true then why aren't you out there stoning adulterers, sabbath-breakers, and nonbelievers?
        • reply
          by Anonymous on Sep 20, 2011 at 09:10 AM in reply to Mark
          Tracy, have you ever eaten bacon or shrimp? Do you have a bank account that draws interest? Then YOU have broken God's Law and have NO right to condemn anyone else.
        • reply
          by Anonymous on Sep 20, 2011 at 02:52 PM in reply to Mark
          You're mistaken; it's the Big Four networks [CBS, NBC, ABC, CNN] that spout idiocy..."idiocy" meaning anything that liberals say. Also, we don't parrot Rush Limbaugh...he parrots us.
        • reply
          by Mark on Sep 20, 2011 at 03:29 PM in reply to Mark
          @Tracy. I'm not actually concerned with what the bible has to say about homosexuality. If you want to live in a society governed by "gods" laws, try Afghanistan.
    • reply
      by Ed on Sep 20, 2011 at 08:30 AM in reply to
      To Tracy: If you are so adamant about you perceive as "god's law" maybe you should move to Iran where they obey god's law.
      • reply
        by Awestruck on Sep 20, 2011 at 10:19 AM in reply to Ed
        Tracy It's obvoius they don't read the Bible as they are refering to the old testament and the laws given to the jewish people. The new testament condems homosexuality as well. @ED There is no need to move anywhere. We are the majority here. Perhaps you should go. If you think they are more tolerant than us.
        • reply
          by Stephanie on Sep 20, 2011 at 01:42 PM in reply to Awestruck
          Here you go- http://www.westarinstitute.org/Periodicals/4R_Articles/homosexuality.html I mean, you're talking about the New Testament now, right? Don't use the Bible to uphold your bigotry.
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