The Ninth Circuit Court of Appeals, which is currently considering a challenge to "don't ask, don't tell" filed by the Log Cabin Republicans, just lifted a stay that allowed the U.S. government to continue enforcing DADT. That means that DADT can no longer be enforced even though it's on the way out anyway, which is good news.
The order itself contains this interesting sentence, which cites Attorney General Eric Holder's letter informing Congress the administration believes Section 3 of the Defense of Marriage Act is unconstitutional:
In addition, in the context of the Defense of Marriage Act, the United States has recently taken the position that classifications based on sexual orientation should be subjected to heightened scrutiny.
There's a satisfying irony to the fact that that the court denied the Department of Justice's request for a stay on DADT using the attorney general's logic on DOMA. It also provides a hint of how the administration's shift on DOMA tilts the scales in favor of gay rights in the courts.
