The Log Cabin Republicans have issued a response to "Motion to Hold Appeals in Abeyance."
More good stuff in there, but touché, LCR, touché.ARGUMENT
Although a bill to repeal the “Don’t Ask, Don’t Tell” statute, 10 U.S.C. §654, has been passed and signed by the President, this legislative “repeal” is not yet effective. It is undisputed, and the government’s motion acknowledges, that repeal will not take effect for 60 days following certification by three officials that several requirements have been met – a certification for which there is no deadline or expected timetable. The repeal also may not take effect at all if threatened Congressional action to “repeal the repeal” proceeds. In the meantime, Don’t Ask, Don’t Tell continues in full force. Homosexual Americans who wish to enlist in the armed forces may not do so openly; current homosexual servicemembers must continue to lie about their identity and serve under ongoing threat of investigation; and servicemembers identified as homosexual continue to be subject to discharge.
