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The military's "don't ask, don't tell" policy is back in place for the time being, with one major caveat: the government is not allowed to investigate, penalize or discharge anyone who is openly gay.

A San Francisco federal appeals court ordered the military to temporarily continue the controversial policy in an order late Friday, the court's response to a request from the Obama administration.

The order is the latest twist in the legal limbo gay service members have found themselves in as the policy is fought in the courts simultaneous to its slow dismantling by the federal government, which expects to do away with it by later this year.

In its three-page ruling, the U.S. 9th Circuit Court of Appeals said the ruling was based on new information provided by the federal government, including a declaration from Major General Steven A. Hummer, who is leading the effort to repeal the policy.

"In order to provide this court with an opportunity to consider fully the issues presented in the light of these previously undisclosed facts," the court wrote, that it would uphold an earlier order to keep the policy in place.

The court of appeals had halted "don't ask, don't tell" July 6 but the Department of Justice filed an emergency motion Thursday saying ending the policy now would pre-empt the orderly process for rolling it back, per a law signed by President Barack Obama in December.

In the meantime, the Justice Department said "it remains the policy of the Department of Defense not to ask service members or applicants about their sexual orientation, to treat all members with dignity and respect, and to ensure maintenance of good order and discipline."

so if the government isn't allowed to investigate, penalize or discharge anyone who is openly gay, why does the policy still need to go? and does this mean that members and applicants, WILL be asked about their sexual orientation once DADT IS gone? i don't get it.

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I'm not certain what I just read.  I thought it said one thing, but then it sounded like it went and said the opposite.  Isn't investigating and penalization of anyone who came out what DADT is all about?

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Originally Posted by Bryant Platt:
I'm not certain what I just read.  I thought it said one thing, but then it sounded like it went and said the opposite.  Isn't investigating and penalization of anyone who came out what DADT is all about?

well, yeah, kinda. and then remember that the military changed the policy to where there couldn't be any investigations or discharges if someone was outed, but the official policy remained not to really talk about sexual orientation. which, to me, is a good policy imo. just keep your sex life and your career separate.

but then some judge declaired DADT unconstitutional like a week ago, and apparently the administration asked for an extention or something, until the military's plans for a transition were complete.

so i dunno wtf.

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Yeah this has been going on since last September. Pretty annoying, as long as the military and the gov take the right safety precautions and measures to ensure openly gays and straights can work together then I am okay with the repeal. When I was in the navy I knew a lot of folks who wouldn't feel comfortable getting into and open shower with an openly gay service member in there with them. Honestly I have come to the point where I don't care about gays doing whatever they want. I guess because I got tired of opposing something that doesn't affect me.

However I don't do anything to actively support gay rights because I don't think it's our nation's primary concern. In fact a lot of gay supporters really get on my nerves. This constant **** serious obsessive passionate support for gay rights never ceases to **** me off. I wonder if they were this passionate about hurricane Katrina victims too or something else a little more important. Not all gay supporters, but most of the ones I see have serious passionate attitudes. I can't help but notice they probably only support gay rights because they're bored and are looking for an obsession to take up their time or looking for a reason to express their emotions because they're depressed and angry about their lives. They might think that support gay rights when deep down they probably don't. This means that if all gay rights were given then those angry supporter might rejoice for a day or two but then they'll go back to finding something else to be pissed off about.