Rejecting a request by a Republican gay rights group, the U.S. Supreme Court refused Friday to stop enforcement of the military’s “don’t ask, don’t tell” policy while a lower court hears a challenge to the ban.
Friday’s decision by the high court keeps in place the military’s ban on gays and lesbians serving openly as the U.S. Court of Appeals for the 9th Circuit prepares to hear legal arguments in a case brought by the Log Cabin Republicans. The group is challenging the constitutionality of “don’t ask, don’t tell” and in September convinced a federal district judge to briefly block enforcement of the ban.
The 9th Circuit reversed the decision, which led LCR to appeal to the high court on Monday. The Justice Department argued the policy should continue as the court case proceeds.
The justices provided no comment with their decision, but Justice Elena Kagan recused herself from the case, the court said. Kagan previously served as the Obama administration’s solicitor general and helped develop the Justice Department’s strategy on the Log Cabin case. Read More.