If it’s Friday, it’s time for another dispatch from the high court on “Don’t Ask, Don’t Tell.” Last Friday, a pro-gay Republican group seeking to overturn the ban on gay men and women serving openly in the U.S. military asked the Supreme Court to bar enforcement of the 17-year old law while the Justice Department appeals a federal judge’s ruling that it is unconstitutional. Friday afternoon, the high court rejected the request from the Log Cabin Republicans without comment.
“With the likelihood of Congress repealing ‘Don’t Ask, Don’t Tell’ fading with each passing day, judicial relief continues to be perhaps the most viable avenue for ending this unconstitutional policy,” says lawyer Dan Woods, who is representing Log Cabin Republicans. “We and Log Cabin Republicans will continue to fight on to protect the constitutional rights of all Americans who want to serve in our military without regard to their sexual orientation.”
But those supporting the ban were pleased by the high court’s action. “I am gratified that two higher courts have now recognized the importance of judicial deference to Congress, the President, and military leaders in setting policy for the armed forces,” said Tony Perkins, president of the Family Research Council and a Marine veteran. “I hope, and remain confident, that they will do the same in ruling on the merits of this case.”
The grim news for gay advocates is becoming increasingly clear: with Congress unlikely to lift the ban, the highest court — which has always granted the military a wide berth in running its own operations — is unlikely to step in and do what the politicians won’t.