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Dismissal of
lawsuit against military's gay ban to be appealed

Dismissal of
lawsuit against military's gay ban to be appealed

An advocacy group for gay soldiers said it would appeal a court decision dismissing a constitutional challenge to the military's antigay "don't ask, don't tell" policy.

An advocacy group that works on behalf of gay and lesbian soldiers has said it will appeal a court decision dismissing a constitutional challenge to the military's antigay "don't ask, don't tell" policy. The Servicemembers Legal Defense Network announced its decision to appeal during its annual fund-raising dinner in Washington, D.C., on Saturday.

The SLDN suit was filed in December 2004 on behalf of lesbian and gay veterans of the war on terror who were discharged under the military's gay ban. In April the U.S. district court for the district of Massachusetts dismissed the lawsuit, granting a motion to dismiss brought by the federal government.

"The men and women in SLDN's lawsuit are among the best and brightest America has to offer," said SLDN executive director C. Dixon Osburn. "They have diligently fought for the right to serve our country and defend our ideals. All of us at SLDN are enormously proud of their determination, and we work to honor them every day."

The plaintiffs in the lawsuit are represented by SLDN and the law firm of Wilmer Culter Pickering Hale and Dorr. "Overturning 'don't ask, don't tell' will be a watershed moment for lesbian, gay, bisexual, and transgender Americans just as racial integration of our armed forces was a pivotal moment in the civil rights fight for African-Americans," Osburn said. "When our federal government stops discriminating, state governments, local governments, private corporations, and the courts and 25 million veterans from every corner of America will follow suit.... Then we will have won the battle." (The Advocate)

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