seeking reinstatement and another federal court judgment that the
Pentagon’s ban on openly gay personnel in the military is
unconstitutional.
The lawsuit should serve as “a shot across the bow”
to put Congress on notice that if lawmakers fail to repeal the law,
those who oppose it will turn to the courts for relief, said
U.S. District Judge
declared the law unconstitutional in September and ordered an end to
military discharges based on service members’ sexual orientation. But
the U.S. 9th Circuit Court of Appeals suspended her ruling until
appeals by supporters of the gay service ban have been considered.
The stay has left in place the “don’t ask, don’t
tell” policy that has forced more than 14,000 discharges since it was
enacted 17 years ago.
Last week, Defense Secretary
that we are at the mercy of the courts, and all of the lack of
predictability that that entails.” But legislation to repeal it was
blocked by Senate Republicans on Thursday.
Sens.
an independent, have introduced a stand-alone bill that would repeal
the policy but it is not clear whether it will come up for a vote
before the Democrat-controlled Congress adjourns for the holidays.
Republicans will have a majority in the House of Representatives when
the new session convenes next year.
Servicemembers Legal Defense Network, a
nonprofit committed to ending “don’t ask, don’t tell,” and the law firm
of Morrison & Foerster filed the suit in U.S. District Court for
the Northern District of California on behalf of three men “who want
nothing more than to put their uniforms on and get back overseas to
serve their country,” said
The suit was filed on behalf of Air Force veterans
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