Supreme Court Rejects Don't Ask Don't Tell Lawsuit

The U.S. Supreme Court denied an appeal to a former Army captain, who was dismissed under the federal Don't Ask, Don't Tell policy dealing with gay and lesbians in the military, on Monday.

A group of 12 veterans, including James Pietrangelo, sued the government over the 1993 Don't Ask, Don't Tell policy. Pietrangelo was the only member of the group to file for an appeal, but the justices would not intervene. 

Don't Ask, Don't Tell forbids anyone in the military from being open about their homosexuality, and keeps the government from inquiring to individual soldiers and sailors regarding their sexual orientation.

Asked not to take the case by the Obama administration, the high court denied the appeal. White House officials said they had no objection to the armed services kicking out homosexuals. President Obama said he supported getting rid of the law during his campaign last year, but he has yet to take any action on the controversy. In a high court filing, the Justice Department said the law was " rationally related to the government's legitimate interest in military discipline and cohesion."

A Boston federal appeals court had ruled against Pietrangelo, basically stopping his legal efforts, but a San Francisco-based federal appeals court ruled partially in favor of Maj. Margaret Witt. That ruling allowed her lawsuit against the Pentagon to proceed. The San Francisco judges said the Air Force had to prove the flight nurse's dismissal would guarantee troop readiness and cohesion.

No pending legislation is in Congress to repeal or alter the "don't ask/don't tell" law.