This is hardly a surprise, considering the current makeup of the Supreme Court… From AP News:

Without comment, the nation’s highest court denied a review of an appeal from former Army Capt. James Pietrangelo II, who was in the Vermont National Guard when he was discharged in 2004.

“I think this decision is an absolute travesty of justice and I think every judge on this court should be ashamed of themselves,” said Pietrangelo, who served six years in the Army, seven years in the Vermont National Guard and fought in Iraq in 1991. “It’s nothing short of rubber stamping legalized discrimination.”

“The Supreme Court is not infallible, they get things wrong, and they got it wrong this time,” added Pietrangelo, who now lives in Ohio.

In court papers, the government said a Boston-based appeals court ruled correctly when it threw out Pietrangelo’s case because the policy is “rationally related to the government’s legitimate interest in military discipline and cohesion.”

Tony Perkins, President of the Family Research Council approved of the court’s actions, “Military service is a privilege, not a right, and anything that detracts from the ability of our service personnel to fulfill their mission should be prohibited.”

This is the first time a case asking to overturn Don’t Ask, Don’t Tell has ever reached the Supreme Court. The Obama administration has refused to take steps to repeal the ban despite promises made during the campaign, preferring to leave it in the hands of Congress to overturn.