Three veterans discharged under “don’t ask don’t tell” filed a lawsuit earlier today against the government (read the filing here). The lawsuit brought by the Servicemembers Legal Defense Network seeks reinstatement as well as a ruling declaring the 17-year-old policy unconstitutional and unenforceable anywhere. And needless to say, the lawsuit is aimed in large part at putting pressure on Congress to repeal the 17-year-old policy during the lame duck session. The Associated Press reports:
The legal action came four days after the U.S. Senate for the second time this year blocked a military spending bill that also would have repealed the 17-year-old ban on openly gay troops.
Sens. Susan Collins, R-Maine, and Joe Lieberman, I-Conn., have introduced a standalone measure, but it’s uncertain if it will be brought for a vote before the Senate and House adjourn for the holidays.
Servicemembers Legal Defense Network director Aubrey Sarvis said the lawsuit was meant as a warning to lawmakers that if they don’t act to repeal “don’t ask, don’t tell,” the courts could step in and order an integration timetable that is less to the Pentagon’s liking.
“If the Senate fails to act in the lame duck session, we are prepared to litigate this aggressively,” said Sarvis, whose group coordinated the lawsuit and prepared it with lawyers from a private law firm.
“From my perspective, this is the first shot over the bow,” he said.
Meanwhile, the standalone bill that would repeal DADT now has 40 Senate co-sponsors, but only one of them is a Republican, and that’s Collins. A vote on the bill could come later this week or early next week, assuming the Senate sticks around that long.
We’ve contacted the offices of Texas Republican Sens. Kay Bailey Hutchison and John Cornyn to inquire about how they plan to vote on the bill, as if we don’t know already. But as of this post, we had received no response. Hey, anyone planning a sit-in?