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Supreme Court rejects bid to end Pentagon's gay ban

Text by News Wires

Latest update : 2010-11-12

The US Supreme Court has rejected a bid to block enforcement of the Pentagon's controversial "don't ask, don't tell" policy. The ruling coincides with a request by the US Justice Department to let a Federal appeals court rule on the case first.

AP - The U.S. Supreme Court decided Friday to allow the “don’t ask, don’t tell” policy on gays in the military to remain in place while a federal appeals court considers the issue.

The court did not comment in denying a request from the Log Cabin Republicans, a gay rights group, to step into the federal court review of “don’t ask, don’t tell.” The Obama administration urged the high court not to get involved at this time.

Last month, a federal judge in California ruled that the policy violates the civil rights of gay Americans, and she issued an injunction that barred the Pentagon from applying it. The San Francisco-based appeals court said the policy could remain in effect while it considers the administration’s appeal.

President Barack Obama has pledged to push the Senate to repeal the policy in the lame-duck session before a new Congress is sworn in. Administration lawyers have in the meantime defended “don’t ask, don’t tell” in court.

The policy, which prohibits gays and lesbians from serving openly in the military, was lifted for eight days in October after U.S. District Judge Virginia Phillips ruled that it violates the U.S. Constitution. The Obama administration asked the appeals court to reinstate the ban until the court could hear arguments on the broader constitutional issues next year.

Justice Elena Kagan did not take part in the court’s consideration of the issue. Kagan served as the administration’s chief Supreme Court lawyer before she became a justice in August.


Date created : 2010-11-12

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