Legal News

Judge says 'don't dismiss' to 'don't ask, don't tell' suit

By Richard Binder

President Obama is pressing for the repeal of the "don't ask, don't tell" law, but is also defending it against a suit by the Log Cabin Republicans.

The gay rights organization is arguing that "don't ask, don't tell," which prohibits military service by homosexuals open about their orientation, is discriminatory and irrational.  The Obama administration, however, not only argued that Congress could reasonably decide that openly gay soldiers could weaken the armed forces, but also that the Log Cabin Republicans had no right to sue because they had not identified any members who were threatened with discharge under the policy.

U.S. District Judge Virginia Phillips of Riverside has disagreed, and rejected the dismissal.  More at SFGate.com.

Full post as published by Legal Pad | LA on June 01, 2010 (boomark / email).