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Supreme Court Rejects Challenge to "Don't Ask Don't Tell" by Gizem Unsalan June 8, 2009 |
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On Monday the Supreme Court turned down a challenge to “Don’t Ask Don’t Tell,” the government policy banning gays and lesbians from serving in the military.
The Court will not hear the appeal of Army Capt. James Pietrangelo II, who was dismissed under “Don’t Ask Don’t Tell.” Earlier, Captain Pietrangelo and 11 others also filed a lawsuit charging that DADT is unconstitutional; the lawsuit was then thrown out by the federal appeals court in Boston.
In court papers, the Obama administration said the appeals court ruled correctly in this case when it found that DADT is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
The appeals court in Pietrangelo’s case also took the high court decision into account, but concluded that it should defer to Congress’ determination that the policy fosters cohesion in military units.
President Obama, who supported the eventual repeal of DADT during his campaign, has been postponing a vote on the policy in Congress since he took office in January. In the meantime, the White House has said it won’t stop gays and lesbians from being dismissed from the military.
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