The court refused to hear the case of a former Army Capt. James Pietrangelo II. The case questions the constitutionality of the policy. The case had been dismissed previously by the federal appeals court in Boston.
The U.S. Supreme Court agreed with the appeals court, saying that "don't ask, don't tell" is "rationally related to the government's legitimate interest in military discipline and cohesion." The policy was established in 1993 by the Clinton administration.
Bill Clinton established the policy after his efforts to allow gays to serve openly failed.