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Court denies government's bid to suspend 'don't ask, don't tell' lawsuit

January 30, 2011|By Jason Song, Los Angeles Times

The federal government's request to suspend a lawsuit that challenges the military's ban on openly gay members has been denied.

The U.S. 9th Circuit Court of Appeals on Friday ordered the Department of Justice to file paperwork by Feb. 25 that would explain why the court should overturn an earlier ruling that declared the military's "don't ask, don't tell" policy unconstitutional.

Department of Justice officials had asked the appeals court to delay hearing the case because Congress voted to repeal the ban late last year.

The court did not explain its decision.

jason.song@latimes.com

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