Despite court order, the military is still enforcing ‘don’t ask don’t tell’ — at least in Texas

Omar Lopez, who was kicked out of the Navy in 2006 for “homosexual admission,” tried to re-enlist on Wednesday but was turned away at a recruiting office in Austin.

Sometime Thursday afternoon, the U.S. Department of Justice reportedly will request an emergency stay of Tuesday’s federal district court ruling ordering the military to halt enforcement of “don’t ask don’t tell.” And in the meantime, it would appear as though the Department of Defense is openly defying the ruling, perhaps putting the federal government in contempt of court. The New York Times reported Thursday:

But with the ultimate fate of the “don’t ask, don’t tell” rule still unclear, some celebrations are being delayed.

With a briefcase full of commendations under his arm, Omar Lopez walked into an Austin, Tex., recruiting office Wednesday. Mr. Lopez, 29, had served nearly five years in the Navy. He was honorably discharged in 2006 for “homosexual admission,” according to documents he carried. He wanted to re-enlist.

But recruiters turned him away hastily, saying they had no knowledge of any injunction or any change in military policy.

“I like the civilian world, but I miss it,” Mr. Lopez said of the military, as he arrived with a worker for Get Equal, a gay rights advocacy group. “I feel lost without it.”

The NYT report prompted a letter from the attorney for Log Cabin Republicans, which brought the lawsuit, to the Department of Justice:

“Please let us know immediately what steps the government has taken to communicate the terms and requirements of the Court’s order to military personnel, including field commanders and military recruiting offices, who are in a position to violate the requirements of the injunction under the cover of ignorance of its terms or existence,” wrote LCR attorney Dan Woods.

—  John Wright