Despite assurances from the Pentagon that they will comply with the Ninth Circuit Court of Appeals injunction against enforcing the Don't Ask, Don't Tell law, a former servicemember discharged under DADT had a  different experience attempting to reenlist.

Captain Jim Pietrangelo says that he tried to reenlist today and was turned away, in spite of a standing court order. He told AmericaBlog the enlistment recruiter told him:

“When it [repeal certification] becomes in effect, we can actually enlist you,” SGT Borba told me. SGT Borba later confirmed that his recruiting center “won’t be processing” Gay applicants “until the Pentagon says it’s OK to let Gay people in.”

The Sargent seems confused. 

It is not the Repeal Act of 2010 that now compels the military to allow gay and lesbian citizens to serve their country. It was the United States Constitution, as affirmed by the Ninth Circuit court Federal Judge Virginia Phillips last September. The injunction against enforcing the law was affirmed recently by a panel at the Ninth Circuit Appeals Court. 

In Court, The Department of Justice argued vigorously that the DADT Repeal Act of 2010 made imposing an injunction unnecessary. 

The Justices of the Ninth disagreed and the Department of Justice lost that argument in Federal Appeals Court.

Seems like Sargent Borda, and likely many more in the field, still need some more clarification from the Department of Defense about their obligations to act within the rule of law.

Despite assurances from the Pentagon that they will comply with the Ninth Circuit Court of Appeals injunction against enforcing the Don't Ask, Don't Tell law, a former servicemember discharged under DADT had a  different experience attempting to reenlist.

Captain Jim Pietrangelo says that he tried to reenlist today and was turned away, in spite of a standing court order. He told AmericaBlog the enlistment recruiter told him:

“When it [repeal certification] becomes in effect, we can actually enlist you,” SGT Borba told me. SGT Borba later confirmed that his recruiting center “won’t be processing” Gay applicants “until the Pentagon says it’s OK to let Gay people in.”

The Sargent seems confused. 

It is not the Repeal Act of 2010 that now compels the military to allow gay and lesbian citizens to serve their country. It was the United States Constitution, as affirmed by the Ninth Circuit court Federal Judge Virginia Phillips last September. The injunction against enforcing the law was affirmed recently by a panel at the Ninth Circuit Appeals Court. 

In Court, The Department of Justice argued vigorously that the DADT Repeal Act of 2010 made imposing an injunction unnecessary. 

The Justices of the Ninth disagreed and the Department of Justice lost that argument in Federal Appeals Court.

Seems like Sargent Borda, and likely many more in the field, still need some more clarification from the Department of Defense about their obligations to act within the rule of law.

(more…)

Clarknt67

Clarknt67

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