The military’s “don’t ask, don’t tell” policy restricting openly gay, lesbian and bisexual people from serving will remain in force while a legal challenge is considered by a federal appeals court, the United States Supreme Court declared Friday.
In an unsigned, two-paragraph order, the justices denied a request by the Log Cabin Republicans, the group trying to overturn the law, to reinstate an order by a federal district judge in California, Virginia A. Phillips, that prohibited enforcement during the appeal. The Court of Appeals for the Ninth Circuit had ruled, however, that the military could continue enforcement during the appeal, and on Friday the Supreme Court agreed. The decision did not address the merits of the case.
The Supreme Court order noted that the newest justice, Elena Kagan, “took no part in the consideration or decision” of the application; she may have recused herself because she was involved in the case as solicitor general, the position she held before President Obama nominated her to the court.
“Log Cabin Republicans are disappointed that the Supreme Court decided to maintain the status quo with regards to ‘don’t ask, don’t tell,’ but we are not surprised,” said the group’s executive director, R. Clarke Cooper.
While Mr. Obama has said he disagrees with the 17-year-old law and has urged Congress to repeal it, the Justice Department has defended it in court as part of its traditional role in treating laws passed by Congress as presumptively constitutional.
The House passed a repeal measure this year, but the Senate has not acted on the measure.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, which represents some of the 13,000 people discharged since the law took effect, said, “Today’s announcement underscores the need for Senate action to repeal ‘don’t ask’ in the lame-duck session.”
A Justice Department spokeswoman declined to comment.
(source:nytimes.com)
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