US Won’t Appeal Ruling Reinstating ‘Don’t Ask, Don’t Tell’ Challenge

The Obama administration has opted not to appeal a ruling by a San Francisco-based appeals court reinstating a challenge to the military’s “don’t ask, don’t tell” policy on gay service members.

The 9th U.S. Circuit Court of Appeals ruled last year that the government would have to show its policy on gays in the military meets a heightened standard of scrutiny, a decision that makes it easier for plaintiff Margaret Witt to win her case. The May 3 deadline for appeal to the U.S. Supreme Court has passed, the Wall Street Journal reports.

White House spokesman Ben LaBolt told the newspaper the administration will continue to defend the law in trial court when the case is remanded, the newspaper says. “Don’t ask, don’t tell” allows gays to serve in the military as long as they don’t disclose their sexual preference.

"Until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system," LaBolt said. He added that Obama still backs repealing the don’t ask, don’t tell policy "in a sensible way that strengthens our armed forces and our national security."

Witt was fired when the Air Force learned she had lived with another woman in their home off the base. She had earned stellar reviews during her 18-year military career.