WASHINGTON (AP) — Two days after repeal of the "don't ask, don't tell" policy against gays serving openly in the military, the Obama administration is opposing a lawsuit seeking full severance pay for those dismissed under the law.
The American Civil Liberties Union is seeking class action status for 142 people who only got half pay after their discharge because of being gay. But the Justice Department asked the U.S. Court of Federal Claims to dismiss the case.
The administration is not defending the merits of the policy adopted in 1991, two years before "don't ask, don't tell." Instead, it argues the court cannot rewrite military regulations.
Judge Christine Odell Cook Miller said Thursday she'll probably let the case continue and questioned why the government wouldn't pay now that the law has changed.
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