Bob Egelko doesn't pull any punches.
discharges
Bob Egelko, Chronicle Staff Writer
The Obama administration asked a federal appeals court today for an emergency order that would allow military authorities to resume discharging openly gay and lesbian troops while the government appeals a judge's order striking down the "don't ask, don't tell" law.
U.S. District Judge Virginia Phillips of Riverside committed an "extraordinary and unwarranted intrusion into military affairs" by halting all discharges under the 1993 law, Justice Department lawyers told the Ninth U.S. Circuit Court of Appeals in San Francisco.
Phillips ruled the law unconstitutional Sept. 9, saying it intrudes needlessly on service members' private lives, deprives the armed forces of skilled personnel and aggravates troop shortages. She issued an injunction Oct. 12 against discharges and investigations under the law, and refused late Tuesday to suspend her order during the government's appeal.
In response, the Pentagon announced Tuesday that it was accepting openly gay and lesbian recruits. But government lawyers asked the appeals court today to suspend Phillips' order by the end of the day and restore the former policy during the appeal.
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