Washington, DC -
The U.S. Supreme Court today refused an application by Log Cabin Republicans to block the enforcement of "Don't Ask, Don't Tell" (DADT) while a lower court ruling declaring the law unconstitutional is being appealed by the Obama Administration's Department of Justice (DOJ).
Early in September, Federal Judge Virginia Phillips ruled the 1993 law unconstitutional, and later issued a sweeping injunction prohibiting its enforcement. Days later, the DOJ appealed the ruling to the San Francisco Ninth Circuit Federal Court of Appeals and was successful in obtaining a stay of the lower court injunction.
An appeal by the plaintiffs, the Log Cabin Republicans, last week to Justice Anthony Kennedy of the Supreme Court to lift the stay has been rejected without comment.
Although President Obama has said he favors repeal of DADT, he insists that it be done legislatively and the DOJ filed briefs with the Court supporting the continued enforcement of the controversial law.
Last week's elections which handed control of the House to Republicans and greatly reduced the Democrat's Senate majority, make the likelihood of repeal minimal even with the support of Defense Secretary Robert Gates and President Obama.
The case now returns to lower courts where the battle could go on for years.
Early in September, Federal Judge Virginia Phillips ruled the 1993 law unconstitutional, and later issued a sweeping injunction prohibiting its enforcement. Days later, the DOJ appealed the ruling to the San Francisco Ninth Circuit Federal Court of Appeals and was successful in obtaining a stay of the lower court injunction.
An appeal by the plaintiffs, the Log Cabin Republicans, last week to Justice Anthony Kennedy of the Supreme Court to lift the stay has been rejected without comment.
Although President Obama has said he favors repeal of DADT, he insists that it be done legislatively and the DOJ filed briefs with the Court supporting the continued enforcement of the controversial law.
Last week's elections which handed control of the House to Republicans and greatly reduced the Democrat's Senate majority, make the likelihood of repeal minimal even with the support of Defense Secretary Robert Gates and President Obama.
The case now returns to lower courts where the battle could go on for years.
