The appellate court also dismissed U.S. District Judge Virginia Phillips year-old ruling that the policy was unconstitutional.

The lead attorney for the Log Cabin Republicans, Dan Woods, said he would ask the full 9th Circuit to review the panel's decision. Woods argued that Phillip's ruling should remain in effect, as there was the potential that a future presidential administration, in conjunction with congressional actions, could re-introduce a ban on openly gay service members.

The three judges strongly disagreed in their Thursday opinion, saying the case is moot because there is nothing left to challenge regarding the policy enacted as section 654.

"This suit became moot when the repeal of section 654 took effect on Sept. 20," the ruling said. "If Log Cabin filed suit today seeking a declaration that section 654 is unconstitutional or an injunction against its application (or both), there would be no Article III controversy because there is no section 654."

"We cannot say with virtual certainty that the Congress that passed the Repeal Act — or a future Congress whose composition, agenda, and circumstances we cannot know — will reenact don't ask, don't tell," the judges said. "We can only speculate, and our speculation cannot breathe life into this case."

Associated Press, via ABC News

Log Cabin Republicans Executive Director R. Clarke Cooper expressed his unhappiness with the 9th Circuit's ruling, noting that in his opinion, the favorable ruling his group obtained in the lower court played a major role in persuading the Obama administration and Democratic congressional leadership to repeal "Don't Ask, Don't Tell," last year.

"Log Cabin Republicans v. United States said more than 'don't ask, don't tell' should be repealed — it stood for the fundamental constitutional rights of service members not to be discriminated against by the nation they serve," Cooper said.

Jon Davidson, Legal Director at Lambda Legal, said in a statement that he was "deeply disappointed that the Ninth Circuit chose to erase the factual findings and legal conclusions reached after years of litigation and a lengthy trial that thousands upon thousands of lesbian, gay, and bisexual service members' constitutional rights were violated for 18 years by 'Don't Ask, Don't Tell,'"

"The end of anti-gay discrimination by the military was required by the Constitution, not just by political considerations."

"It is wrong to require the more than 14,000 service members who were unconstitutionally discharged to start from square one in obtaining the military benefits they lost, getting their military records corrected, and fighting government efforts to collect educational loans they were prevented from working off, among other harms," Davidson added.

"The work to end the damage done by 'Don't Ask, Don't Tell' is far from done and we call on the administration to provide justice to those our country has wronged."

One of the three panelists, Judge Diarmuid O'Scannlain, criticized the lower court judge who invalidated the policy last year, accusing Phillips of willfully failing "to apply established law" so she could issue a ruling "that invalidated a considered congressional policy and imposed a wholly novel view of constitutional liberty on the entire United States."

Today, the discriminatory law known as ‘Don’t Ask, Don’t Tell’ is finally and formally repealed. As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love. As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.

I was proud to sign the Repeal Act into law last December because I knew that it would enhance our national security, increase our military readiness, and bring us closer to the principles of equality and fairness that define us as Americans. Today’s achievement is a tribute to all the patriots who fought and marched for change; to Members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform who showed that they were ready to move forward together, as one team, to meet the missions we ask of them.

For more than two centuries, we have worked to extend America’s promise to all our citizens. Our armed forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans. Today, every American can be proud that we have taken another great step toward keeping our military the finest in the world and toward fulfilling our nation’s founding ideals.

In the 17 years since “Don’t Ask, Don’t Tell” was enacted, more than 14,000 service members have been discharged from the military due to their sexual orientation.

Additional coverage is here.

"Don't Ask, Don't Tell," the ban on openly gay service members, has been repealed.

Josh Seefried, aka 'JD Smith' of OutServe

"For nearly two decades, "don't ask, don't tell" forced gay and lesbian troops to lie about who they were in order to serve in the military," said Josh Seefried, a gay first lieutenant in the U.S. Air Force, and for the past two years known as “JD Smith,” a pseudonym under which he co-founded the organization of LGBT troops known as OutServe.

Seefried came out publicly on Tuesday, letting known his true identity -- as co-founder of OutServe, he has helped connect more than 4,000 LGBT troops currently serving around the world, including in Afghanistan and Iraq.

"Gay troops like me had to worry every single day about losing the careers we loved. That misbegotten era of our military's history is now over. President Obama signed the legislation to repeal DADT last December, and two months ago he and the Pentagon certified that the military was ready for the repeal to take effect. Today, DADT officially died.

"Now I and thousands of other gay and lesbian troops can walk into our units free from fear of losing our jobs, our integrity restored."

Josh Seefried, Co-founder of OutServe, via The Daily Beast

In the coming days, hundreds of gay services members are expected to come out, including 101 OutServe members who will publicly acknowledge their orientation in a special edition of the group’s monthly magazine.

The repeal of “Don’t Ask, Don’t Tell” closes the chapter on a policy “that undermines our military readiness and violates American principles of fairness and equality,” said President Barack Obama, who, on July 22, formally signed the certification that repeals the 17-year-old ban.

“This is a tremendously historic day for both gay and lesbian service members and gay and lesbian Americans,” said HRC President Joe Solmonese.

“The end of the discriminatory “Don’t Ask, Don’t Tell” policy is a giant step forward on our path to full equality. Finally, patriotic gay and lesbian Americans will be able to serve their country without hiding who they really are from those around them,” said Solmonesse.

Army Veteran and SLDN Executive Director Aubrey Sarvis, an Army Veteran and Executive Director of Servicemembers Legal Defense Network (SLDN), said Tuesday "is a monumental day for our service members and our nation."

"We pay tribute to their service and sacrifice as we look forward to this new era of military service – an era that honors the contributions of all qualified Americans who have served and who wish to serve,” said Sarvis.

In the 17 years since "Don't Ask, Don't Tell" was enacted, more than 14,000 service members have been discharged from the military due to their sexual orientation.

But even before "Don't Ask, Don't Tell," was enacted, gays and lesbians have been officially prohibited from serving in the U.S. military throughout history. Gays were first differentiated from "normal" people in military literature in Army mobilization regulations in 1942, and policy revisions in 1944 and 1947 further codified the ban.

Over the next several decades, gays were routinely discharged, regardless of whether they had engaged in sexual conduct while serving. In 1982, the Department of Defense issued a directive that stated homosexuality was clearly "incompatible with military service."

Under the "Don't Ask, Don't Tell" policy, signed into law in 1993 by President Bill Clinton, gays were prohibited from serving in the military and their discharge was required. However, investigation into a service member's sexuality without suspicion was also prohibited. The policy was indented as a compromise between conflicting political efforts.

With Tuesday's repeal of "Don't Ask, Don't Tell," the United States joins the list of more than 40 countries that allow gays to serve openly, which includes France, Germany, Spain and the United Kingdom.

In a letter dated Monday, Committee Chairman Buck McKeon (R-Calif.), and Rep. Joe Wilson, (R-S.C.), who chairs the Military Personnel subcommittee, wrote that the government’s decision to certify the end of the policy on July 22 was “inaccurate” because the House has “not received copies of the revised regulations and a summary of all the specific policy changes.”

"Mr. Secretary, we trust that you will see the risk of moving forward with repeal without giving service members and their leaders adequate time to study, understand and prepare themselves to implement the revised policies and regulations they will need to be successful," the letter reads.

[...]

"The Department is not ready to implement the repeal because all the policies and regulations necessary for the transition are not yet final. We would ask that the senior military leaders' memoranda immediately be made public and transmitted to the Committee on Armed Services."

The request has previously been denied by the Defense Department, and in response, the Pentagon issued this statement:

“The repeal of Don’t Ask Don’t Tell will occur, in accordance with the law and after a rigorous certification process, on September 20. Senior Department of Defense officials have advised Congress of changes to regulations and policies associated with repeal. We take that obligation seriously.”

On Thursday, General Carter Ham, Commander of U.S. Armed Forces Europe -- who was co-chair of the Pentagon’s study group that examined the effects on military services if "Don’t Ask, Don’t Tell" was repealed -- predicted that lifting the ban against open service by gay and lesbian service members is probably going to prove “pretty inconsequential.”

Ham told the Associated Press that conservative groups may still speak out in support of the policy, but those whom are inside the military will adopt a "business-as-usual" attitude.

“This is another example of the hardcore opposition attempting to delay or undo 'don’t ask, don’t tell' repeal," said Aubrey Sarvis, Executive Director of Servicemembers Legal Defense Network, in a statement.

"I expect they will continue to look for openings to deny gay and lesbian service members the same rights and dignity as their straight counterparts. On the substance, Mr. McKeon and Mr. Wilson are simply wrong. The statute only requires that the new regulations be prepared — not issued — before certification," Sarvis said.

By some estimates, hundreds of the more than 13,000 service members discharged under the policy that took effect in 1993, have contacted recruiters or advocacy groups indicating they want to rejoin the military, drawn by a life they miss or stable pay and benefits they could not find in civilian life, reported The New York Times.

Though the Pentagon says it will welcome their applications, former service members discharged for homosexuality will not be granted special treatment. They will have to pass physical fitness tests and prove that they have skills the armed services need right now. Some will have aged to the point that they will need waivers to get back in.

Even if they pass those hurdles, there is no guarantee that they will go back to their former jobs or ranks. And because the armed services are beginning to shrink, some will be rejected because there are no available slots.

People discharged under “don’t ask, don’t tell” who wish to return to service “will be evaluated according to the same criteria and requirements applicable to all others seeking re-entry into the military,” said Eileen Lainez, a Pentagon spokeswoman.

The New York Times

The repeal of "Don't Ask, Don't Tell" closes the chapter on a policy “that undermines our military readiness and violates American principles of fairness and equality,” said President Barack Obama, who, on July 22, formally signed the certification that repeals the 17-year-old ban.

But even after the policy is repealed, the federal Defense of Marriage Act (DOMA) will still prevent the spouses and partners of gay service members from receiving benefits available to to heterosexual couples.

President Obama has said he supports the repeal of DOMA, and has endorsed the Respect For Marriage Act — the bill that would repeal DOMA.

Duncan Hunter

Rep. Duncan Hunter, (R-Calif.), a former U.S. Marine officer and a veteran of combat operations in both Afghanistan and Iraq, has waged an on-going campaign to block, modify, or derail implementation of the "Don't Ask, Don't Tell" repeal.

Hunter's latest effort states that while heterosexual service members must legally accept open service of gays and lesbians in the military, the bill would allow them to express their personal views, but not disobey direct orders involving openly gay service members.

Speaking on the condition of anonymity, one of Hunter's legislative aides told the Army Times:

"We’ve heard the training is really pushing the line for people who believe homosexuality is wrong on religious and personal grounds. It is a legitimate concern, under the circumstances, with the services working on disciplinary policies for people who don’t agree with this decision.”

The military always falls in line, but that doesn't mean that the men and women who serve in its ranks should suddenly be forced to personally accept something that is contrary to their own principles,” the aide said.

The Congressman's office in Washington acknowledged that he intends to introduce his measure on Sept. 7, the first full day back at work by the House after its August summer recess.

Hunter hopes to persuade the House GOP majority leadership to schedule a vote on the legislation before Tuesday, Sept. 20th, the day DADT is scheduled to officially be repealed, however a Senate source told LGBTQ Nation that the Senate would be unlikely to take up the measure.

Hunter's previous efforts have been thwarted by the Democratic-controlled U.S. Senate’s refusal to take up any legislation modifying the repeal, scheduled to take effect on Sept. 20.

Brody Levesque

Lt. Dan Choi, with Blade reporter Lou Chibbaro Jr.

In a tense exchange between U.S. District Court Magistrate Judge John Facciola, prosecutor Angela George announced she would file a request for a writ of mandamus or legal challenge before the court’s chief judge to contest Facciola’s decision to allow Choi’s attorneys to pursue a vindictive prosecution defense.

Facciola responded by saying he would suspend the trial for 10 days to give George, an assistant U.S. Attorney, time to prepare a motion for a writ of mandamus and to provide Chief Judge Royce Lamberth time to consider it.

William Miller, a spokesperson for the U.S. Attorney’s office, confirmed that George would seek the writ of mandamus from Lamberth. But he declined to comment further on the matter, saying his office never comments on pending cases.

If Lamberth grants the request, legal observers say Facciola would likely be directed not to allow Choi’s attorneys to pursue a vindictive prosecution defense. Should he turn down the request, Facciola would be free to allow the vindictive prosecution defense to move forward.

Such a defense would allow Choi’s attorneys to pursue documents and subpoena witnesses that Choi’s supporters say could possibly link the alleged effort to go after Choi for a harsher prosecution to higher-level government officials, including officials at the White House.

Defense attorney Robert Feldman called Facciola’s finding that the defense presented a “prima facie case” that a vindictive prosecution occurred a “vindication” of Choi’s longstanding contention that his arrest and prosecution violated his constitutional right to free speech.

The clash between George and Facciola came on the third day of the trial and one day after Choi testified for more than two hours as the lead witness for his own defense, saying he was exercising his First Amendment right to free speech at the White House protest.

In response to Feldman’s questions, Choi testified at length about his role as a civil rights activist for LGBT people and for gays in the military. He told how he models his actions on the black civil rights movement of the 1960s, including the famous lunch counter sit-ins at a Woolworth’s department store in Greensboro, N.C., that challenged segregation laws.

Choi testified that a series of three White House protests against the “Don’t Ask, Don’t Tell” law on gays in the military, in which he and other activists were arrested at the White House fence, were based on the same principle used in the black civil rights movement for exercising a constitutional right of free speech.

“I believe that was a transformative moment,” he said of the White House protests.

George objected repeatedly to Choi’s dialogue on civil rights, saying it was not relevant to the case at hand. To the amazement of some courtroom observers, Facciola overruled her objections almost every time she raised them.

In her cross-examination of Choi, George pressed the former Army officer, West Point graduate and combat veteran in the Iraq war to respond to the charge that he disobeyed a lawful order to disperse from the White House fence.

Choi responded by citing a provision in U.S. military law pertaining to unlawful orders.

“If you are given an order that is unlawful or immoral, it is your duty to disobey that order,” he said.

Feldman and defense co-counsel Norman Kent told reporters covering the trial that Choi’s defense is based, in part, on the premise that prosecutors singled him out for a harsher prosecution when they charged him with violating a federal regulation pertaining to White House protests and demonstrations along the White House fence and sidewalk.

The federal regulation carries a penalty of six months in jail and a possible $5,000 fine. The two attorneys said people arrested in virtually all other White House demonstrations in recent memory – including Choi and other activists in similar protests in April and May of 2010 – were charged under a D.C. municipal ordinance they compare to a traffic violation that carries no prison sentence.

In his testimony on Tuesday, Choi said he believes prosecutors decided to invoke the far more harsh federal regulation against him in the Nov. 15, 2010 case, which he now faces at trial, because of his role as a gay former military officer who is “standing up for my beliefs.”

Choi stated in his testimony that thousands of people appeared to have violated the same regulation with which he was charged when they gathered at the White House earlier this year to celebrate President Barack Obama’s announcement that accused terrorist Osama bin Laden had been killed in a U.S. military operation in Pakistan.

Choi and his attorneys noted that dozens of the revelers that evening clung to the White House fence and did not move back and forth along the sidewalk, as required under the ordinance for a demonstration, when they cheered and expressed support for the president’s role in bin Laden’s capture and death.

Continue reading at the Washington Blade →

Choi has reportedly rejected a plea deal offered by federal prosecutors, according to a report by Metro Weekly.

Under the offer, the government would agree to dismiss the charge against Choi as long as he avoided arrest for four months.

"They made us a new offer. We laughed," Choi said on Friday, via Twitter.

Choi was in court this week to answer to a charge of disobeying police orders to leave the area in front of the White House during the November 2010 protest.

"The right to speak on behalf of those who cannot speak for themselves is more than a privilege," said Choi, his voice rising with emotion during a cross-examination that turned confrontational at times. "It's a moral responsibility and I take that seriously."

Choi said he could not recall details of his arrest, but likened the scene to a "combat zone" and recalled being struck by what he considered to be aggressive and demeaning tactics by the U.S. Park Police officers who showed up.

[...]

He said was flabbergasted he was on trial in the first place when people went to the White House to cheer the U.S. military raid that led to the death of terror mastermind Osama bin Laden. He said those people gathered at the same fence but never faced any sanctions.

“What’s the difference?” Choi demanded ... “You have not given me a reason why my free speech should be curtailed and their free speech should be amplified.”

Associated Press, via The Washington Post

During the protest, a total of 13 people handcuffed themselves to the fence, chanting “let us serve.” The remaining 12 demonstrators accepted a plea deal where they agreed to plead guilty but serve no jail time if they are not re-arrested within a certain time.

Choi, and Iraq war veteran, announced he is gay on MSNBC's "The Rachel Maddow Show" on March 19, 2009, prompting the U.S. Army to initiate discharge proceedings. His discharge became effective on June 29, 2010.

Since outing himself, Choi has become a vocal opponent of “Don’t Ask, Don’t Tell” -- he is one of more than 14,000 servicemen and women who have been discharged because of their sexual orientation. The ban has since been repealed and scheduled to formally end on Sept 20, 2011.

If convicted, Choi could face up to six months in jail and a fine.

The upcoming September 20th Repeal Issue of the magazine will honor the gay, lesbian, and bisexual men and women "who have proudly served their nation," OutServe announced. The release of the issue coincides with the day the Pentagon plans to formally end enforcement of the “Don’t Ask, Don't Tell” policy that bans gays from serving openly.

“This marks an incredible time in the history of our military," said JD Smith, co-director of OutServe who goes by a pseudonym while “Don’t Ask, Don't Tell” is still in effect.

"Gay, lesbian, and bisexual service members once had to conceal their true identities. By featuring their pictures and their stories, we are signaling that time has passed. It is time for these military members to be honored for their extraordinary commitment and sacrifice in defense of our country,” said Smith, in a statement.

OutServe magazine has also launched an interactive website where readers can comment, share articles and order both digital and print versions of the magazine. The website will also feature exclusive videos and member blogs not found in the print edition.

OutServe is the association of actively-serving LGBT military personnel. With over 4,000 members and 42 chapters worldwide, it is one of the largest LGBT employee resource groups in the world.

The President sent the email below to individuals and organizations who worked hard to make the historic event possible:

Last year, I visited Afghanistan. I was there to thank our men and women in uniform, the brave Americans who have given so much on behalf of this country and who make me so proud to be Commander-in-Chief. At one of America’s bases there, I was shaking hands and taking pictures, walking along a pretty tight crowd of service members. A young woman in uniform pulled me into a hug. She leaned in close so I could hear her over the noise and whispered, “Get ‘Don’t Ask, Don’t Tell’ done.”

I said to her, “I promise you I will.”

A few weeks later, after a struggle that lasted almost two decades, I signed a law to repeal this policy. I signed it with absolute confidence in our men and women in uniform, in their professionalism and in their capacity to adapt to this change, just as they have adapted and grown stronger with other changes throughout our history. And I signed this repeal knowing that our military would be stronger – and our nation safer – for the service of patriotic gay men and women who would no longer have to live a lie in order to defend the country they love.

Today, in accordance with this law, I signed the certification that will end “Don’t Ask, Don’t Tell” once and for all. The Secretary of Defense and the Chairman of the Joint Chiefs of Staff also have certified that the military is ready for the repeal. Sixty days from now, on September 20th, the repeal will be complete and gay men and women will be able to serve their country openly.

On that day, I’ll be thinking of the young woman I met in Afghanistan. And I’ll be thinking of the countless others like her, straight and gay alike, who love this nation and the ideals for which it was founded, and who have signed up to serve so that we might all live in freedom and uphold this simple creed: we are all created equal.

Thank you for helping to make this victory for our country possible.

Sincerely,
Barack Obama

Additional coverage here:
Obama, Pentagon certify repeal of ‘Don’t Ask, Don’t Tell’
— ban ends in 60 days

As laid out in the legislation passed by Congress and signed by the President last December, the repeal will take effect in 60 days -- on September 20, 2011, closing the chapter on a policy "that undermines our military readiness and violates American principles of fairness and equality," according to Obama, in today's announcement.

Following is reaction from LGBT and equality advocates:

“This certification reflects the collective judgment of our military leadership that repealing the discriminatory Don’t Ask, Don’t Tell policy will not harm military readiness, military effectiveness, unit cohesion, or recruiting and retention.

It is a fact that gay and lesbian service members have fought and died for our country and are serving in our military now. But the Don’t Ask, Don’t Tell policy requires them to conceal their sexual orientation so that they can continue their service to our nation. I agree with Admiral Mullen that this is an integrity issue. There is no way to justify a policy that requires our young men and women in uniform to lie about who they are in order to defend their fellow citizens.

Sixty days from now, these service members will be able to serve openly, without living in constant fear of being outed and kicked out of the military. I applaud the chairman of the Joint Chiefs, secretary of defense, and the president for taking this step toward making our military stronger.”

U.S. Sen. Carl Levin (D-Michigan), Chairman of the Senate Armed Services Committee

“Today is a proud day for America and our Armed Services. Thousands of our brave men and women will no longer have to lie about who they are as they serve and fight for our nation. Putting this corrosive policy behind us will strengthen America both militarily and morally.

“Just as every American deserves the right to serve their country openly, honestly, and with integrity, every American deserves the right to marry the person they love and start a family. No politician should stand in their way.

“Now is the time for Congress to take the next step toward fairness and equality in America, and end the discrimination currently enshrined in our marriage laws by passing the Respect for Marriage Act.”

U.S. Sen. Kirsten Gillibrand, (D-New York)

“For far too long, the ban on openly gay service members has harmed our security and tarnished our values. The President’s certification of repeal is a monumental step, not just for those forced to lie in order to serve, but for all Americans who believe in fairness and equality.

“There are many people who brought this historic day to fruition starting with the President’s tremendous leadership and the steadfast allies in Congress who refused to give in to the lies and fear mongering. Additionally we thank all of the brave men and women who have continued to wear the uniform under a policy that forced them to hide who they are. The end of that shameful time is thankfully near.”

Joe Solmonese, President of the Human Rights Campaign (HRC)

"After 17 years and more than 13,000 casualties, the end of the "Don't Ask, Don't Tell" law is at last in sight. Congress has provided that that antigay law will automatically be repealed 60 days after the President's transmission of the certification to Congress. It is not long now until lesbian, bisexual and gay service members will finally be able to serve their country openly. The brave sacrifice made by these service members for our country deserves nothing less."

Jon W. Davidson, Legal Director for Lambda Legal

“The final countdown to repeal begins today. Service members celebrate this historic announcement, and they are ready for this change. Our nation’s top military leaders have testified that commanders see no significant challenges ahead, and now the President, Secretary Panetta, and Chairman Mullen have certified to Congress that the armed forces are prepared for the end of ‘Don’t Ask, Don’t Tell.’”

Aubrey Sarvis, Army Veteran and Executive Director of Servicemembers Legal Defense Network (SLDN).

“This day has been a long time coming. Under Don’t Ask, Don’t Tell, thousands of brave men and women have been forced out of the military or prevented from serving their country at all, simply because of who they are and who they love. That’s not the kind of country the United States is.

“By repealing Don’t Ask, Don’t Tell, Congress and the president have sent the powerful message to all young men and women growing up in the United States: if they are willing and able, their country will welcome their service and sacrifice. This repeal strengthens our military and strengthens the values at the foundation of our country. Gays and lesbians have always served honorably in our armed forces. Today's decision means that they'll finally be able to do so openly and honestly."

Michael Keegan, President of People For the American Way

The White House confirmed the certification following a meeting in the Oval Office on Friday afternoon with Defense Secretary Leon Panetta and Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff.

As laid out in the legislation passed by Congress and signed by the president last December, the repeal will take effect 60 days from now ending the 17-year-old "Don't Ask, Don't Tell" policy.

Following is the official White House statement:

Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality. In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met. ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011.

As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness. Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal. As of September 20th, service members will no longer be forced to hide who they are in order to serve our country. Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war. I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition. Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.

“For far too long, the ban on openly gay service members has harmed our security and tarnished our values. The President’s certification of repeal is a monumental step, not just for those forced to lie in order to serve, but for all Americans who believe in fairness and equality," said Human Rights Campaign (HRC) President Joe Solmonese, in a statement.

“There are many people who brought this historic day to fruition starting with the President’s tremendous leadership and the steadfast allies in Congress who refused to give in to the lies and fear mongering. Additionally we thank all of the brave men and women who have continued to wear the uniform under a policy that forced them to hide who they are. The end of that shameful time is thankfully near,” Solmonese said.

Leon Panetta

Following the announcement, President Barack Obama would then be allowed to formally lift the ban that has been in place for almost 18 years.

In accordance with a law passed in December that set in motion the process of ending the ban, Obama first must receive notice from Defense Secretary Leon E. Panetta and top uniformed brass that the military is prepared to end the policy before the government stops enforcing it. The policy will end 60 days after Obama formally certifies the repeal in writing to Congress.

If Obama signs the certification in the coming days, the ban would end in late September.

The Washington Post

The certification comes after months of training for military personnel to prepare them for the presence of openly gay uniformed colleagues for the first time in history, reports Stars and Stripes.

Two weeks ago, a federal appeals court upheld a lower court's ruling that the policy was unconstitutional, and ordered the immediate halt of enforcement of “Don’t Ask, Don’t Tell”

But last week, the Justice Department filed a motion asking the 9th Circuit U.S. Court of Appeals to reconsider its order, as it would short-circuit the repeal process established by Congress during the final stages of the implementation of the repeal.

The Court agreed, and on Friday, July 16, temporarily reinstated the ban, but prohibited the government from “investigating, penalizing, or discharging anyone from the military pursuant to the Don’t Ask, Don’t Tell policy.”

Even after the policy is repealed, the federal Defense of Marriage Act (DOMA) would still prevent the spouses and partners of gay service members from receiving benefits available to to heterosexual couples.

President Obama has said he supports the repeal of DOMA, and on Tuesday the White House announced the President's endorsement of the Respect For Marriage Act — the bill that would repeal DOMA.

But the three-judge panel, led by 9th Circuit Chief Judge Alex Kozinski, prohibited the government from “investigating, penalizing, or discharging anyone from the military pursuant to the Don’t Ask, Don’t Tell policy” and indicated it would rule later this month on whether to extend the stay.

The temporary reinstatement of the stay continues the extraordinary state of flux in the status of the federal law banning openly gay people from the military.

Last September, a federal district court judge ruled Don’t Ask, Don’t Tell (DADT) to be unconstitutional and ordered the government to stop enforcement of the law immediately and worldwide. The 9th Circuit granted a stay of that order on November 1. Congress, in December, passed a law providing for DADT to be repealed -- but only after an indefinite period of training, written certification by the President, the Secretary of Defense, and the chairman of the Joint Chiefs of Staff, and a 60-day delay.

Then, July 6, in a move that Lambda Legal Defense characterized as “stunning,” the 9th Circuit issued an order lifting its stay. The Pentagon said it would comply, but then, on July 11, the 9th Circuit gave the government 10 days to “show cause” why the court should not dismiss as moot an appeal seeking to defend “Don’t Ask, Don’t Tell.”

U.S. Assistant Attorney General Tony West filed the DOJ’s response July 14 (and a slightly amended version July 15), asking for an emergency order to reinstate the original stay “and permit the orderly process for repealing [DADT] to resume.”

In doing so, DOJ essentially reiterated the 9th Circuit’s own reasoning in granting the original stay. DOJ said “an abrupt, court-ordered end to [DADT] would undermine carefully crafted efforts of the political Branches to bring about an orderly transition in policy.”

But DOJ also provided new information that appears to have made a difference to the 9th Circuit panel. It submitted a statement from Major General Steven A. Hummer, Chief of Staff of the Repeal Implementation Team of the Office of the Undersecretary of Defense for Personnel and Readiness. The statement, among other things, said the military expects certification “will be presented for decision” to the Secretary of Defense and the Chairman of the Joint Chiefs of staff “in late July or early August.”

“In the meantime,” said the amended request, “a new, more rigorous process was put in place for evaluating discharges under [DADT].” And it noted that, since the DADT repeal measure was passed, “one Service member has been discharged under [DADT] and that individual requested an expedited discharge.”

DOJ also responded July 14 to the 9th Circuit July 11 order that it “show cause” why the court should not dismiss as moot the government’s appeal in Log Cabin Republicans v. U.S.

The government argued that the 9th Circuit should not find the appeal moot “because a live controversy remains regarding the constitutionality of the statute as it now exists.”

“But even that controversy will become moot once repeal of [DADT] becomes effective 60 days following the President’s certification; and,” said DOJ, “once this case becomes moot, under the Court’s established practice it would vacate the district court’s judgment and global injunction, and remand with instructions for the district court to dismiss the complaint.”

In its motion -- filed in response to the U.S. 9th Circuit Court of Appeals' decision to lift its stay of a lower court's ruling last year that found the ban unconstitutional -- the Justice Department urged the court to issue a decision by the end of the day Friday.

Instead of seeking relief from the Supreme Court, the Justice Department is asking the U.S. Court of Appeals to reconsider its July 6 order which found that changes in the legal landscape weighed in favor of reimposing the ban issued by a federal district court in California last year.

The appeals judges cited the Obama administration's conclusion earlier this year that federal actions based on sexual orientation should get heightened scrutiny in court and the fact that the administration was not arguing that the 1993 law imposing "don't ask, don't tell" was constitutional.

"The Department has filed a motion asking the Ninth Circuit to reconsider its order lifting the stay of the injunction on the 'Don’t Ask, Don’t Tell' policy to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal," Justice Department spokeswoman Tracy Schmaler said in a statement Thursday night.

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Justice Department lawyers said that ending the ban now would pre-empt the "orderly process" for rolling back the 17-year-old policy as outlined in the law passed and signed by President Obama in December.

On July 6, the court ordered the U.S. government to immediately halt enforcement of “Don’t Ask, Don’t Tell;” the Pentagon subsequently said it would comply with the order.

“At SLDN, we are frustrated by this last-minute filing, which could well add more delay and confusion for service members. These developments only serve to underscore the need for immediate certification and finality.” said Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis, in a statement.