US court again dismisses challenge to military ban on gays

US court again dismisses challenge to military ban on gays

2 hours, 39 minutes ago

WASHINGTON (AFP) - A federal appeals court on Monday threw out a lawsuit challenging the legality of the US military's ban on homosexuals, an issue with so many ups and downs it will likely end up in the US Supreme Court.

The federal court of appeals for the first circuit in Boston, Massachusetts, ruled that "special deference" must be made to Congress in dealing with federal statutes regulating military affairs, and dismissed the case.

The decision affirmed an earlier decision in the case brought in Boston by 12 men and women which said that the military's ban violated their right to freedom of expression and was an attack on their private lives.

The military's "don't ask, don't tell" policy tolerates homosexuals in the US military as long as they hide their sexual orientation. Some 12,000 service members have been fired or forced to resign since the rule was adopted by Congress in 1993.

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