SAN FRANCISCO (AP) — Even as federal officials laud the end of the U.S. military’s ban on openly gay troops, Justice Department lawyers are trying to dissuade a federal appeals court from deciding if the “don’t ask, don’t tell” policy was unconstitutional.
They filed a motion Tuesday asking the 9th U.S. Circuit Court of Appeals in San Francisco to vacate a lower court ruling last September that found the ban violated the civil rights of gay service members.
Feds ask court to dismiss lawsuit about ‘don’t ask’ unconstitutionality
September 20, 2011