The 9th Circuit Court of Appeals on Wednesday denied a hearing in the Log Cabin Republican case against "Don't Ask, Don't Tell". Despite the fact that the law has been repealed, the group has been pursuing the case in hopes of getting a court ruling declaring the law unconstitutional.
The SF Chronicle reports:
On Wednesday, the court said none of its judges had called for a vote on a rehearing requested by Log Cabin Republicans, the gay-rights organization that challenged the law in 2004.
Log Cabin had urged the court to rule on the constitutionality of "don't ask," noting that some current Republican presidential candidates have called for the law's reinstatement. The organization said some gays and lesbians were given less-than-honorable discharges and remain ineligible for veterans' benefits, and some have been sued by the government to recoup federal loans.
Log Cabin said it will not seek Supreme Court review.
Said R. Clarke Cooper, Log Cabin Republicans Executive Director: "The 9th Circuit Court of Appeals has chosen to back away from its role in defending the constitutional rights of servicemembers. With open service the law of the land, it now falls to servicemembers themselves and their allies to be vigilant in protecting the freedom of gay men and women in uniform. Log Cabin Republicans will continue to fight for uniform treatment of all servicemembers, in Congress and in the court of public opinion, including working to end the so-called 'Defense of Marriage Act' which wrongly discriminates against military families. Log Cabin Republicans are proud to have brought this case, proud of our victory at trial, and proud that the ruling in Log Cabin Republicans v. United States provided the necessary motivation to make repeal of 'Don't Ask, Don't Tell' a reality."