No sooner did the gavel drop in a federal courtroom where “don’t ask, don’t tell” was ruled unconstitutional than former soldiers kicked out for being homosexual reenlisted in the military. One of those was Army Lieutenant Dan Choi, a West Point-educated Iraq veteran and Arabic translator, who immediately sought to rejoin the service after being discharged in 2008 for violating the anti-homosexual law.

 

Last month, in California, U.S. District Judge Virginia Phillips declared the law unconstitutional. Despite President Barack Obama’s public opposition to the policy, his Department of Justice continues to fight for it and is appealing Phillips’ decision.

 

In the meantime, the Department of Defense is complying with the ruling and has stopped discharging soldiers because of their sexual orientation. Recruiters have been informed to accept applicants who say they are gay or lesbian.

 

But some gay rights groups have instructed service members to keep quiet about their orientation, in the event the law is reinstated on appeal.

 

On Wednesday, the Ninth Circuit Court of Appeals temporarily stayed Phillips’ decision to give the Obama administration time to file its appeal.

-Noel Brinkerhoff

 

Lt. Dan Choi, You’re In The Army Now! (by David Badash, New Civil Rights Movement)

Troops Discharged for Being Homosexual Try to Re-enlist (by Anne Flaherty and Julie Watson, Associated Press)

Openly Gay Former Soldier Dan Choi Reenlists in Army (by Stephen Webster, Raw Story)