Legal Commentary

Supreme Court Keeps "Don't Ask, Don't Tell" Alive

By Jeralyn

The Supreme Court today rejected a challenge to the military's "Don't Ask, Don't Tell" policy.

In 1993, President Bill Clinton established the policy as a compromise after strong resistance from the military and Congress toward allowing gays to serve openly in the armed forces.

...During last year's campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won't stop gays and lesbians from being dismissed from the military.

The Obama Administration sided with the military in this case: [More...]

In court papers, the administration said the appeals court ruled correctly in this case when it found that "don't ask, don't tell" is "rationally related to the government's legitimate interest in military discipline and cohesion."

According to the Pentagon:

"The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex."

The case is Pietrangelo v. Gates, 08-824. The Court's order states:

The motion of petitioner to strike the brief of the Cook respondents is denied. The motion of petitioner to seal Attachment A to the motion to strike is granted. The motion of the Cook respondents to withdraw the brief filed January 26, 2009, is granted. The petition for a writ of certiorari is denied.

Full post as published by TalkLeft on June 08, 2009 (boomark / email).