Appeals Ruling in Gay Military Case

WASHINGTON (U.S. Newswire) -- Servicemembers Legal Defense Network (SLDN) announced it intends to appeal a court decision dismissing its constitutional challenge to the military's "Don't Ask, Don't Tell" ban on lesbian, gay and bisexual personnel. The organization announced the appeal during its annual fundraising dinner in Washington, D.C., May 13. The suit was filed in December 2004 on behalf of lesbian and gay veterans of the war on terror who were discharged under the military's ban. In April, the District Court for the District of Massachusetts dismissed the lawsuit, granting a motion to dismiss brought by the federal government.

"SLDN intends to appeal the recent court decision granting the government's motion to dismiss our lawsuit challenging the constitutionality of 'Don't Ask, Don't Tell.,'" SLDN Executive Director C. Dixon Osburn said. "The men and women in SLDN's lawsuit are among the best and brightest America has to offer. They have diligently fought for the right to serve our country and defend our ideals. All of us at SLDN are enormously proud of their determination and we work to honor them every day."

The plaintiffs in the lawsuit are represented by SLDN and the law firm of Wilmer Culter Pickering Hale and Dorr. Together, the plaintiffs have served more than 65 years in the armed forces. Two have served in direct support of operations in the Middle East. Among them, they have earned more than five dozen awards, medals and commendations.

"Overturning 'Don't Ask, Don't Tell' will be a watershed moment for lesbian, gay, bisexual and transgender Americans just as racial integration of our armed forces was a pivotal moment in the civil rights fight for African-Americans," Osburn said. "When our federal government stops discriminating, state governments, local governments, private corporations and the courts and 25 million veterans from every corner of America will follow suit … Then, we will have won the battle." .