The Obama administration has opted not to appeal a ruling by a San Francisco-based appeals court reinstating a challenge to the military’s “don’t ask, don’t tell” policy on gay service members.
The 9th U.S. Circuit Court of Appeals ruled last year that the government would have to show its policy on gays in the military meets a heightened standard of scrutiny, a decision that makes it easier for plaintiff Margaret Witt to win her case. The May 3 deadline for appeal to the U.S. Supreme Court has passed, the Wall Street Journal reports.
White House spokesman Ben LaBolt told the newspaper the administration will continue to defend the law in trial court when the case is remanded, the newspaper says. “Don’t ask, don’t tell” allows gays to serve in the military as long as they don’t disclose their sexual preference.
ABA Journal.com
