LOS ANGELES -- A federal law banning openly gay people from serving in the military should no longer be enforced, a federal appeals court ruled Wednesday, citing the Obama administration's call for an end to "a history of discrimination" against homosexuals.
The "don't ask, don't tell" policy signed into law by President Bill Clinton in 1993 was ruled unconstitutional in September by U.S. District Judge Virginia Phillips in Riverside. A month later, Phillips issued a "worldwide injunction" against further discharges of gay soldiers and sailors, but the 9th U.S. Circuit Court of Appeals in November suspended her order while the case was being appealed.
Congress, in the meantime, repealed "don't ask, don't tell" but left the policy in force until the president, the defense secretary and the Joint Chiefs of Staff certify that enough training and preparation for integrating gays has been accomplished to avoid any damage to military readiness.