Defense Secretary Robert Gates said Wednesday that abruptly ending the military's "don't ask, don't tell" policy as a federal judge has ordered would have enormous consequences.
A day after a judge in California ordered the Pentagon to cease enforcement of its policy barring gays from openly serving in the military, Gates told reporters traveling with him to Brussels that the question of whether to repeal the law should be decided by Congress, and done only after the Pentagon completes its study of the issue.
"I feel strongly this is an action that needs to be taken by the Congress and that it is an action that requires careful preparation, and a lot of training," said Gates. "It has enormous consequences for our troops."
The defense secretary, who has supported lifting the ban, said that besides new training, regulations will need revisions and changes may be necessary to benefits and Defense Department buildings.
The White House said time is running out for the ban on gays serving openly. "This is a policy that is going to end," spokesman Robert Gibbs said Wednesday.
Yet, the battle in the courts over gays in the military may not be over. The Justice Department is considering whether to appeal the court ruling and its first response may well be another trip to the courtroom of U.S. District Judge Virginia Phillips in Riverside, Calif., to seek a stay, or temporary freeze, of her ruling.
If Phillips turns down the request, the Justice Department would likely turn to the federal appeals court in California.
If Phillips turns down the request, the Justice Department would likely turn to the federal appeals court in California.
It was unclear whether Phillips' injunction against the 17-year-old policy on gays in the military would affect any ongoing cases.
If the government does appeal, that would put the Obama administration in the position of continuing to defend a law it opposes.
If the government does appeal, that would put the Obama administration in the position of continuing to defend a law it opposes.
Gay rights groups warned gay troops not to disclose their identity for now. Aaron Tax, the legal director for the Servicemembers Legal Defense Network, said he expects the Justice Department to appeal the case to the U.S. 9th Circuit Court of Appeals."
Service members must proceed safely and should not come out at this time," Tax said in a statement.
Gates, a Republican, and Mullen face disagreement among some senior general officers on whether lifting the ban would cause serious disruption at a time when troops are fighting in Afghanistan and winding down a long war in Iraq.
Gates, a Republican, and Mullen face disagreement among some senior general officers on whether lifting the ban would cause serious disruption at a time when troops are fighting in Afghanistan and winding down a long war in Iraq.
For example, the incoming Marine commandant, Gen. James Amos, and his predecessor, Gen. James Conway, both have told Congress that they think most Marines would be uncomfortable with the change and that the current policy works.