A federal appeals court revived part of the "don't ask, don't tell" policy late Friday, ruling that the military can continue to reject openly gay enlistees but must suspend all investigations and discharges under the beleaguered 1993 law aimed at gay members of the armed forces.
In an order issued Friday night, the U.S. Court of Appeals for the Ninth Circuit said a government filing Thursday gave the court information it had not previously known about the progress of a repeal process that Congress put into place for "don't ask, don't tell" in a statute passed last December. Just last week, the same three-judge panel said changes in the administration's stance warranted reinstating a lower court's ban on all enforcement of "don't ask," at least while the government's appeal went forward.
The appeals court said its latest order is only temporary and it asked the Justice Department to explain why the court wasn't told earlier that only one person has been discharged from the military under "don't ask" since the repeal legislation was passed last year or that the military services were just weeks away from giving the green-light for a certification that can lead to repeal of "don't ask" under last year's law.
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