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Group sues for gay troops' reinstatement

WASHINGTON, Dec. 13 (UPI) -- A gay rights group filed a suit Monday in California demanding the U.S. government reinstate three gay service members dismissed from the armed forces.

Servicemembers Legal Defense Network, an organization based in Washington dedicated to repealing the "don't ask, don't tell" ban on gays and lesbians openly serving in the military, said the suit was a preview of a more aggressive legal strategy if the Senate doesn't repeal the law during the lame-duck session, The Hill reported.

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"This filing is a shot across the bow as we prepare to pursue and sustain an aggressive far-reaching litigation strategy if the Senate fails to act this month to repeal the law," the organization's executive director, Aubrey Sarvis, said.

The complaint came after the Senate last week failed to advance the 2011 defense authorization bill, which contained a provision repealing the ban.

The plaintiffs in complaint are Michael Almy, who served 13 years in the Air Force; Anthony Loverde, who served seven years in the Air Force; and Jason Knight, who served five years in the Navy, The Hill said.

Repeal supporters now are pinning their hopes on a stand-alone bill introduced by Sens. Joe Lieberman, Ind-Conn., and Susan Collins, R-Maine. Whether the legislation will be acted upon before the end of the year is questionable, in part because of a crowded schedule, The Hill said.

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"This dispute can be resolved by Congress or by the courts," Sarvis said. "With this filing we put Congress on notice that a cadre of service members and our national legal team stand ready to litigate strategically around the country."

Defense Secretary Robert Gates has asked Congress to repeal the policy so it can be done in an orderly fashion, rather than let the courts decide and abruptly enforce a potential change of the law.

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