Does yesterday's ruling mean the new military policy on accepting gays has been stayed? Not exactly:
The judges' order means that a temporary stay of the trial court injunction of DADT has been granted until the Ninth Circuit can decide -- sometime after Oct. 25 -- whether to issue a stay pending the appeal of the case to the Ninth Circuit.
This does not immediately change the military's policy of not enforcing DADT, as the Oct. 15guidance from Undersecretary of Defense for Personnel and Readiness Clifford Stanley stated that, while seeking a stay, "the Department of Defense will abide by the terms of the injunction" and stated that "additional guidance" would come if a stay is granted.
This also is not a stay of the order that will last through the appeal. This is only a temporary stay granted through the time when the Ninth Circuit can decide -- sometime after the Oct. 25 deadline given to the LCR attorneys to respond to the stay request -- whether to issue a stay pending the outcome of the appeal. The decision will likely come soon after the Oct. 25 submission by LCR because the court will not hear oral arguments in the case and stated in its order that the government will not be allowed to file a reply brief, which would happen in the ordinary course of appellate briefing.If a stay is granted pending the appeal, however, DADT would likely go back into effect in the interim, as the appeal is not even scheduled to complete the briefing process until the second week of March 2011.