Court Keeps DADT Case Alive

The federal government's request to suspend a lawsuit challenging "don't ask, don't tell" has been denied by a federal court.

The 9th U.S. Circuit Court of Appeals in San Francisco is mandating the Department of Justice file papers by February 25, arguing why the court should uphold the law. "Don't ask, don't tell," however, is currently in the process of being repealed after the president signed legislation to stop enforcing the 17-year-old law, and the military's leaders are moving forward with a plan to train troops, commanders, and administrators to work alongside openly gay troops. A full repeal will not be implemented until 60 days after its been certified that the law has been completely overturned.

The lawsuit was originally brought forward by the Log Cabin Republicans, which have said they would continue with the lawsuit until repeal is finalized. A lower court ruled in favor of the Log Cabin Republicans earlier this year, propelling their case to the 9th Circuit.

"The fact remains that 'Don't Ask, Don't Tell' is still in force, with discharge panels continuing to meet," Log Cabin executive director R. Clarke Cooper said in a statement Monday. "The constitutional rights of service members are still being violated, and therefore it is necessary Log Cabin Republicans v. United States goes on."