Appeals Court Dismisses DADT Challenge As Moot, Vacates Previous Ruling

Today, the Ninth Circuit Court of Appeals dismissed the Log Cabin Republicans’ case against Don’t Ask, Don’t Tell as moot given that the discriminating law has been repealed. The Court also vacated last year’s ruling that the law was unconstitutional, creating a clean slate should a ban on gay military service ever be challenged in the future. Judge Diarmuid F. O’Scannlain went out of his way to write a separate concurring opinion stipulating that he thinks issues related to sexual orientation should only be examined with the lowest level of scrutiny. Read the full decision.