A US judge has ordered a nationwide halt to enforcement of the country's ban on openly gay military personnel. US District Judge Virginia Phillips last month ruled that the "don't ask, don't tell" policy was unconstitutional. Under the policy, gay people can serve in the military but face expulsion if their sexuality is discovered. President Barack Obama and some military leaders have called for it to be overturned. A legislative attempt to do so failed in the Senate last month. The US Department of Justice has 60 days to appeal but may opt not to do so.
The original caption for this photo reads:
"Would you feel comfortable taking a dump next to this man?"
The judge's ruling means that any proceedings under way involving active US service members anywhere in the world must be discontinued, and anyone who was about to be discharged from the service because of "don't ask, don't tell" will earn a reprieve. Her decision pre-empts the outcome of an ongoing Pentagon inquiry into the effect of repealing the policy. That report isn't due out until December, and although Mr Obama had said he would like to see an end to the ban, he is also of the opinion that it should be Congress - and not the courts - which determines military policy.
The dilemma now is that by maintaining that stance and potentially appealing against the judge's decision, Mr Obama's Democratic Party risks alienating the strong support it enjoys from gay rights activists in the run-up to next month's crucial mid-term elections. Last month the ban was also ruled unconstitutional by a federal court in Washington state. A judge there ordered the US Air Force to reinstate a nurse sacked under the policy. Britain, Israel and dozens of other countries allow gay personnel to serve openly which makes the "don't ask, don't tell" policy all the more unfathomable.
