12 former servicemembers brought a case (Pietrangelo v. Gates) to the Supreme Court.
The Court shot the case down and upholds the lower appeals court decision of the military's "Don't Ask, Don't Tell" policy.
The U.S. Supreme Court has turned down a challenge to the Defense Department policy forbidding gays and lesbians from serving openly in the military, granting a request by the Obama administration.
The court said Monday that it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military's "don't ask, don't tell" policy.
The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
In court papers, the administration said the appeals court ruled correctly in this case when it found that "don't ask, don't tell" is "rationally related to the government's legitimate interest in military discipline and cohesion."
The court said Monday that it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military's "don't ask, don't tell" policy.
The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
In court papers, the administration said the appeals court ruled correctly in this case when it found that "don't ask, don't tell" is "rationally related to the government's legitimate interest in military discipline and cohesion."
Bloomberg News covered: "The rebuff spares President Barack Obama’s administration from the awkward task of mounting a legal defense for a policy the president says should be repealed. In urging the Supreme Court not to hear the appeal, administration lawyers said a lower court was correct to uphold the policy. The high court case stemmed from a lawsuit by 12 former service members who were discharged because of their sexual orientation. A federal appeals court in Boston threw out the suit, disagreeing with a San Francisco-based appeals court that had let a similar suit go forward. One of the 12, James E. Pietrangelo II, asked the Supreme Court to hear arguments in the case. Most of the rest of the group joined a brief asking the justices to defer reviewing the policy while the administration and lawmakers revisit it."
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