BREAKING: Supreme Court Refuses To Hear “Don’t Ask, Don’t Tell” Case
**UPDATE: 1:00 PM**
Today, the U.S. Supreme Court, without comment, refused to hear the case of from former Army Capt. James Pietrangelo II, who claims he was forced to leave the military because of his sexual orientation. A case brought by 12 former service members, including Pietrangelo, had been thrown out by a federal appeals court in Boston. The Obama Administration, in papers to the Supreme Court, said the appeals court had ruled correctly and that Don’t Ask, Don’t Tell is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
Obama has insisted since his campaign that he believes in repealing DADT, but has taken increasing fire from the LGBTQ community and its supporters for an apparent lack of action on this and other gay-related issues, including repeal of DOMA, the enactment of a Hate Crimes Bill (currently awaiting a Senate vote), and the enactment of ENDA.
SLDN, the Servicemembers Legal Defense Network, reports that since the current Congress commenced, 238 military men and women have been discharged due to Don’t Ask, Don’t Tell.
**UPDATE: 1:00 PM**
Chris Geidner, whose blog, Law Dork 2.0 has received critical acclaim, writes,
“So, today’s action was not a decision on the merits of the case; the Supreme Court did not rule on the constitutionality of Don’t Ask, Don’t Tell.”
“…the Servicemembers Legal Defense Network, a legal group dedicated to supporting lesbian and gay soldiers, had been involved in this case, originally representing the 12 individuals challenging the policy. The organization, however, was no longer representing James Pietrangelo when he sought certiorari. SLDN continued to represent the other 11 individuals and filed a brief opposing having the Court accept this case.”

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