Court won't hold 'Don't ask, don't tell' lawsuit

Court won't hold 'Don't ask, don't tell' lawsuit

SAN FRANCISCO (AP) - A federal appeals court has denied the government's request to suspend a lawsuit challenging the military's ban on openly gay servicemembers.

The 9th U.S. Circuit Court of Appeals in San Francisco issued an order Friday requiring the Department of Justice to file papers by Feb. 25 arguing why the court should overturn a Southern California trial judge who declared the "don't ask, don't tell" policy unconstitutional.

Government lawyers asked the 9th Circuit earlier this month to set aside the case because the Pentagon is moving quickly to satisfy the steps Congress outlined last month when it voted to allow the ban's repeal.

The appeals court did not explain in its order why it rejected the request.

http://www.news10.net/news/story.aspx?storyid=120304&catid=2

when the law has already been repealed? That makes no sense what so ever

Knowing the military they will ask for 3-6 months (which always mean 6 months). Then say they aren't ready pushing it back another 3-6 months.

The challenge of the lawsuit goes to the Constitutionality of the existing law. The "repeal" is contingent and if-come. Do we consider other people's basic rights conditional? I should hope not. So of course the lawsuit already in progress against a discriminatory law must be allowed to continue.