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June 11, 2008

Boston Court Dismisses Challenge to Military’s Gay Ban

Boston Court Dismisses Challenge to Military’s Gay Ban

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)

Keywords:  DADT 
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Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Doug Johnson
    Date posted: 2008-06-11 6:14 PM
    Hometown: Sioux Falls, SD

    Comment:

    IF this gets to the US Supreme Court and IF the Dems win and IF they do more than they have to help so far (eg: DADT) it will begin to look even more hopeful. Hooray for California and down with the homophobic bigoted voters.


  • Name: Cellinda
    Date posted: 2008-06-10 11:22 PM
    Hometown: New York

    Comment:

    SAGE is a very good agency. Also some online community like BisexualMingle is great.


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