As Don’t Ask Don’t Tell gets stymied in Congress, proponents of repeal are taking their fight to the courts. Three veterans who were discharged under the law have filed suit against the government, requesting that they be reinstated. Implicit in the suit, says Aubrey Sarvis of the Service Members Legal Defense Network, is a threat: “If the Senate fails to act in the lame-duck session, we are prepared to litigate this aggressively. From my perspective, this is the first shot across the bow.” Lawyers will argue on a 2003 Supreme Court decision that homosexual activity cannot be outlawed, and that allowing gay service members to serve openly will strengthen the military.
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