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Monday, June 08, 2009

Supreme Court Rejects Challenge To "Don't Ask, Don't Tell"

WASHINGTON — The Supreme Court on Monday agreed with the Obama administration and refused to review Pentagon policy barring gays and lesbians from serving openly in the military.
The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the "don't ask, don't tell" policy.
The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
"I think this decision is an absolute travesty of justice and I think every judge on this court should be ashamed of themselves," said Pietrangelo, who served six years in the Army, seven years in the Vermont National Guard and fought in Iraq in 1991. "It's nothing short of rubber stamping legalized discrimination, the same way Nazi Germany legalized discrimination against Jews.
"The Supreme Court is not infallible, they get things wrong, and they got it wrong this time," he said.
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.
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."
Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy "implements the law." LinkHere
A new Gallup poll shows that 69 percent of Americans are now in favor of openly gay men and women serving in the military, up from 63 percent five years ago. Support among liberals and Democrats remains high -- around 86 percent and 83 percent respectively -- but the biggest shift in support occurred among conservatives and Republicans. Fifty-eight percent of people who identify as conservatives say they support gays serving in the military, up from 12 points from 46% in 2004. Fifty-eight percent of Republicans support what is essentially a repeal of "Don't Ask, Don't Tell."

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