A federal appeals
court in Boston on Monday threw out the lawsuit Cook v.
Gates, which challenged the constitutionality of
"don't ask, don't tell," the
military policy that prohibits lesbian, gay, and
bisexual Americans from serving openly in the
military.
The federal court
of appeals for the first circuit of Boston dismissed
the case, ruling that "special deference" must be given to
Congress in situations where federal statutes regulate
military affairs, Agence France-Presse reported.
Aubrey Sarvis,
executive director of the Servicemembers Legal Defense
Network, which lobbies for repeal of the policy, released a
statement saying he was disappointed with the decision
and was weighing options as to how to move forward.
"SLDN applauds the perseverance of the 12 men and
women who have brought this case," he said. "We are
consulting with the plaintiffs and assessing all
possible options before making a decision on our next
step."
The decision is
at odds with the ruling in a similar case made by the
federal appeals court of San Francisco, where the court
upheld a lawsuit brought by a decorated Air Force
nurse, Major Margaret Witt, who was allegedly forced
out of the military for being a lesbian after 20 years
of service.
Legal experts say
the discrepancy of the two rulings will likely land the
issue in the U.S. Supreme Court. (The
Advocate)
