U.S. Justice Department lawyers have moved again to halt the court fight over “Don’t Ask, Don’t Tell,” citing Congress’ recent vote for repeal. At the same time, government lawyers asked the appeal court to reverse a federal judge who ruled that the military’s ban on open homosexuals was unconstitutional.
The federal government staked out its positions in an opening brief filed with the Ninth Circuit U.S. Court of Appeals on Feb. 25 — the day after the Obama administration said it would no longer defend the federal Defense Of Marriage Act in court.
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