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After a legal tussle between a US District Court, the US Justice Department, and the 9th Circuit Court of Appeals, Gays and Lesbians are still barred from serving in the military. For now. In September U.S. District Judge Virginia A. Phillips ruled that the Military’s Don’t Ask Don’t Tell policy was unconstitutional. However she did not immediately issue an injunction, giving the government time to appeal. Then, after reviewing the Justice Department’s response, Judge Phillips made history on October 12th by ordering military personnel to stop enforcement of Don’t Ask Don’t Tell, saying the policy “infringes on the fundamental rights of United States service members and prospective service members” and violates their right to freedom of speech, effectively temporarily lifting “Don’t Ask, Don’t Tell.” The Justice Department appealed that decision and last week the 9th Circuit Court of Appeals granted its request, temporarily lifting the judge’s ban on the anti-gay policy until it makes a decision on whether to allow the policy to be enforced until a formal appeal is heard. On Friday the military announced that it will significantly alter its review procedure of Don’t Ask Don’t Tell cases in light of the continued legal twists and turns. Each request for a discharge under the policy will now have to be reviewed by a handful of high-ranking officials. The military said this will slow the number of soldiers who are dismissed but it will ensure that any discharges are in compliance with current law. People on both sides of the debate are dissatisfied with the current state of the policy. Gay and Lesbian soldiers had begun the process of reenlisting last week when they were quickly barred from service again, igniting anger and frustration. Supporters of the ban spoke out against the change in the military’s review procedure, saying the President was trying to “curry favor with” LGBT voters before the election.

GUEST: Zoe Dunning, Retired Navy Commander, currently Board Co-Chair of the Service Members Legal Defense Network.

Find out more at www.sldn.org.