Government lawyers argue a federal judge would overstep her bounds by going along with a Republican gay rights group asking her to halt the military’s “don’t ask, don’t tell” policy.
During closing arguments Friday in Riverside, U.S. Department of Justice attorney Paul G. Freeborne said the court doesn’t have the authority to issue a nationwide injunction. He says it’s a decision that should be made in the political arena, not in a courtroom.
The U.S. House voted in May to repeal the policy, and the Senate is expected to take up the issue this summer.
Lawyers for the Log Cabin Republicans argue the policy violates the constitutional rights of gay military members to free speech, due process and open association.
They argue the policy harms military readiness and unit cohesion by getting rid of talented people.