'Don't ask' appeal filed

Nov. 5, 2010 at 5:55 PM
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WASHINGTON, Nov. 5 (UPI) -- The Log Cabin Republicans Friday asked the U.S. Supreme Court to overturn an appellate ruling keeping the "don't ask, don't tell" policy in place.

The 9th U.S. Circuit Court of Appeals in San Francisco Monday ordered the military to keep the rule in place. The rule keeps gay men and women from openly serving in the military.

President Obama has said he wants the policy, which was implemented during the Clinton administration, ended, but he wants Congress to handle it, not the courts.

In papers filed Friday, the Republican group called the rule arbitrary and said the government would suffer no harm if the rule were suspended immediately.

The 19,000-member Log Cabin Republicans promotes gay rights and has taken the lead on overturning "don't ask, don't tell," The Washington Post reported.

The papers were filed with Justice Anthony Kennedy, who oversees the 9th Circuit. He can rule or turn the matter over to the full court.

"We continue to look forward to the day when all Americans can serve in our military without regard to their sexual orientation," Dan Woods, an attorney representing the Log Cabin Republicans, told the Post.

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