April 25, 2006
Judge throws out ‘don’t ask’ suit

By Denise Lavoie
Associated Press

BOSTON — A federal judge dismissed a lawsuit Monday filed by 12 service members challenging the military’s “don’t ask, don’t tell” policy.

Established in 1993 under the Clinton administration, the policy prohibits the military from asking about the sexual orientation of service members. It requires those who acknowledge being gay or engaging in homosexual activity to be discharged.


The service members argued the policy violates their constitutional rights to privacy, free speech and equal protection under the law.

But the Bush administration argued in court documents that it “rationally furthers the government’s interest in maintaining unit cohesion, reducing sexual tensions and promoting personal privacy.”

The lawsuit was filed by the Servicemembers Legal Defense Network, based in Washington, D.C. Spokesman Steven Ralls said the group would likely appeal the ruling, although a final decision has not yet been made.

“We continue to believe the military’s ban is unconstitutional, and there is no reason lesbian, gay and bisexual Americans should be prohibited form serving our country,” Ralls said.

In his ruling, U.S. District Judge George A. O’Toole Jr. cited the authority given to Congress in establishing the country’s military policies.

“In Congress, there were hearings by committees of both Houses at which the arguments for and against the policy were aired and debated. The resulting legislation was the end product of a focused process of debate and deliberation,” the judge wrote.

“Don’t ask, don’t tell” has been upheld by appeals courts in several other jurisdictions. One of the reasons the service members filed the lawsuit in Boston is because the appeals court there — the 1st Circuit — has never been asked to rule in a case involving the policy.

Ellie