WASHINGTON, May 15 (UPI) -- A gay rights advocacy group will appeal a U.S. district court ruling that dismissed a lawsuit brought by 14 gay former service members.
The U.S. District Court for the District of Massachusetts dismissed on April 14 the lawsuit, Cook v. Rumsfeld, which challenged the military's ban on homosexuals.
The Service Members Legal Defense network lawsuit asserts the law punishes gay, lesbian and bisexual service members for their sexual orientation and "for their private, constitutionally protected conduct." It contends the ban denies them their constitutional right of privacy, equal protection of the law, and freedom of speech.
SLDN will file their appeal with the 1st Circuit Court in Boston, Mass., prior to June 24.
Since 1993, the U.S. military has operated under the "Don't ask, Don't Tell" law, which allows gays to enter the military but forbids them from disclosing their orientation or acting on it sexually.
The 14 plaintiffs in the lawsuit served honorably in the United States Army, Navy, Air Force and Coast Guard for a combined total of more than 65 years. Three served in direct support of operations in the Middle East. Among them, they have earned more than five dozen awards, medals and commendations, according to SLDN.
Cook v. Rumsfeld was the first challenge to "Don't Ask, Don't Tell" since the Supreme Court's 2003 decision in Lawrence v. Texas, which overturned anti-sodomy laws.
The military contends homosexuality is "incompatible" with military service, in part because of the lack of privacy in living and bathing facilities, particularly for junior service members. The U.S. armed forces prohibited homosexuals from serving in the military since the beginning of World War II. The ban was changed to "don't ask, don't tell" under the Clinton Administration.
