Noteboom The Law Firm

Don’t Ask, Don’t Tell, And Apparently Don’t Enforce The Ban

October 22, 2010 - The White House has placed itself in a very awkward position. The 9th Circuit Court of Appeals recently placed a temporary injunction on a lower court's ruling, which banned the military from enforcing the "don't ask, don't tell" law. The 9th Circuit's ruling granted the government the time they needed to challenge the original federal court's ban with a full hearing. The Department of Defense (DoD) will likely begin to enforce the "don't ask, don't tell" law again.

The Obama administration supports "don't ask, don't tell" being repealed. Yet, they filed the paperwork with the 9th circuit to overturn the lower court's ban against the law. The Obama administration, then, is arguing in favor of a law it wants to see repealed.

The administration took the position of keeping "don't ask, don't tell" enforceable as putting an immediate ban on being able to enforce the law would cause "significant immediate harm." The administration argued it would need time in order to prepare for becoming a military without the "don't ask, don't tell" law on the books. They further argued they would like Congressional involvement on the issue and not to leave everything to the courts.

A 9th circuit overturning of the lower court's ruling, and Congress failing to take action, will mean "don't ask, don't tell" will continue to be an enforceable law. Which also means that the Obama administration will have accomplished exactly the opposite of what they want to happen, which is to have "don't ask, don't tell" repealed.   

The Obama administration is insisting on an orderly transition given the amount of work necessary to accommodate the repeal of the law. President Obama has promised to end the "don't ask, don't tell" law while he is in office. He cannot do it himself, however, as the President is barred from changing the law unilaterally.