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Military Law

Jul. 13, 2011

Government Must Make Statement on 'Don't Ask' Appeal

Shortly after lifting a stay of a trial judge's ruling ordering the U.S. to stop enforcing "Don't Ask, Don't Tell," an appeals court Monday ordered the government to state whether it will defend the law's constitutionality on appeal.

By Jason W. Armstrong
Daily Journal Staff Writer

Less than a week after lifting a stay of a trial judge?s ruling ordering the U.S. government to stop enforcing "Don't Ask, Don't Tell," a federal appeals court Monday ordered the government to state within 10 days whether it will defend the constitutionality of the law on appeal.

"No party to this appeal has indicated an intention to defend the constitutionality" of the statute banning gays from serving openly in the...

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