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Dismissal of gay vets’ suit upheld

BOSTON — A federal appeals court has upheld a lower court’s dismissal of a lawsuit filed by 12 gay and lesbian veterans who had challenged the military’s “don’t ask, don’t tell” policy.

The plaintiffs had all been discharged under the policy, instituted by Congress.

1st U.S. Circuit Court of Appeals Judge Jeffrey Howard said in the decision issued Monday that while some people may question the wisdom of the policy, the court had to defer to congressional decision making.

The policy prohibits the military from asking about the sexual orientation of service members, but requires discharge of those who acknowledge being gay or engaging in homosexual activity.

The plaintiffs argued in their lawsuit that the policy violates their Constitutional rights to privacy, free speech and equal protection.