The government’s “Don’t Ask, Don’t Tell” policy has already been struck down once—by a federal judge in Riverside who ruled the policy, which bars gay and lesbian troops from serving openly, violates the U.S. Constitution. The ruling in the case is now before the 9th U.S. Circuit Court of Appeals.

In San Francisco this morning, another suit was filed to overturn the policy. The grounds are similar: Don’t Ask, Don’t Tell violates servicemembers’ Fourteenth Amendment rights to equal protection and due process and their First Amendment rights of speech and free association.

The wrinkle this time: The new suit was brought on behalf of three servicemembers who were discharged under the policy. They are seeking reinstatement.

Here’s a copy of their complaint, a 22-page PDF, filed with the U.S. District Court for Northern California in San Francisco:


And here’s the story from the AP’s Lisa Leff: Discharged veterans sue for reinstatement.

New Challenge to ‘Don’t Ask, Don’t Tell’ 13 December,2010Dan Brekke


Dan Brekke

Dan Brekke is a blogger, reporter and editor for KQED News, responsible for online breaking news coverage of topics ranging from California water issues to the Bay Area’s transportation challenges. In a newsroom career that began in Chicago in 1972, Dan has worked as a city and foreign/national editor for The San Francisco Examiner, editor at Wired News, deputy editor at Wired magazine, managing editor at TechTV as well as for several Web startups.

Since joining KQED in 2007, Dan has reported, edited and produced both radio and online features and breaking news pieces. He has shared in two Society of Professional Journalists Norcal Excellence in Journalism awards — for his 2012 reporting on a KQED Science series on water and power in California, and in 2014, for KQED’s comprehensive reporting on the south Napa earthquake.

In addition to his 44 years of on-the-job education, Dan is a lifelong student of history and is still pursuing an undergraduate degree.

Email Dan at:


Sponsored by

Become a KQED sponsor