Appeals Court Stays Military Gay Policy for Now

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A federal appeals court has temporarily suspended a judge's ruling that banned enforcement of the U.S. Military's don't ask, don't tell policy. The change in direction puts military recruiters in the middle of a confusing situation.

The U.S. Justice Department filed an emergency motion with the Ninth Circuit Court of Appeals to stay the decision -- arguing the injunction caused confusion and uncertainty in the Pentagon and the military.

Gay service members who had been discharged from the military under don't ask, don't tell had already begun to re-enlist.

"Regardless of your background or orientation you should be able to serve your country," said Lt. Dan Choi, who has reenlisted in the U.S. Army.

Peter Sprigg of the Family Research Council told CBN News the issue should never have been before the courts in the first place.

"We're experiencing the fruit of Judge Phillips judicial activism," Sprigg said. "This is the kind of disruption and chaos that the military really does not need and ironically it does not serve the needs of anyone."

President Barack Obama who personally supports repealing the Clinton-era law, wants Congress to vote to repeal the policy.

Sprigg said overturning the policy will have a negative impact on the military.

"There are concerns about sexual tension, sexual harassment and even sexual assault," Sprigg added. "Concerns about the religious liberty implications for people who have a sincere position and disapproval of homosexual conduct."

Military leaders are waiting for the Defense Department to finish its review of the policy. The review is scheduled to be completed on Dec. 1.

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Charlene  Aaron

Charlene Aaron

CBN News Reporter

Charlene Aaron serves as a general assignment reporter and helps anchor for the CBN News Channel.  Follow her on Twitter @CharNews and "like" her at