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Foes of 'don't ask, don't tell' say fight not over

By Anne Flaherty

Associated Press

Published: Friday, Dec. 10 2010 1:17 a.m. MST

Sen. Joseph Lieberman, I-Conn., Sen. Mark Udall, D-Colo., and Sen. Susan Collins, R-Maine, speak at a news conference following the defeat of a cloture motion of the Defense Authorization Bill containing repeal of the 'Don't Ask, Don't Tell' provision on Capitol Hill in Washington, Thursday, Dec. 9, 2010.

Harry Hamburg, Associated Press

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WASHINGTON — Advocates of a bill that would overturn the military's "don't ask, don't tell" policy say their fight for repeal this year is far from over despite a failing Senate vote this week and only days left in the lame-duck session.

Senate Republicans on Thursday blocked the legislation, which would have lifted the military's 17-year-old ban on openly gay troops. The measure was tucked into a broader defense policy bill and had passed the House last spring.

It failed in a 57-40 test vote, falling three votes short of the 60 needed to advance.

GOP senators mostly united in defeating the measure on procedural grounds, insisting that the Senate vote on tax cuts first. Maine Sen. Susan Collins was the only Republican to support moving to debate the bill.

Collins and Sen. Joe Lieberman are now pushing standalone legislation they insist could be considered before the Senate's target adjournment next week. Its prospects are uncertain, although Reid indicated he was open to bringing it up before the holiday break.

If passed, the bill still would require House approval, with time growing short.

"We've got at least 60 votes, so we're going to keep up the fight," said Lieberman, an independent from Connecticut. "But we're not kidding ourselves, this is not going to be easy."

House Speaker Nancy Pelosi promised to do what she could to get repeal legislation on the president's desk by the end of the year.

"An army of allies stands ready in the House to pass a standalone repeal of the discriminatory policy once the Senate acts," she said in a statement issued Thursday.

One gay rights group, the Servicemembers Legal Defense Network, scheduled a rally Friday on Capitol Hill to show Congress it wouldn't give up.

"We must show our rage for repeal and insist the Senate stay in Washington until they have finished the job," said Aubrey Sarvis, the group's executive director.

If the repeal push in Congress fails, gay rights advocates say they will shift their focus back to the White House. They say the Obama administration should drop its challenge of a California federal court ruling that the ban was unconstitutional.

The Justice Department is appealing the ruling because it says the matter should be decided by Congress and not the courts.

"There is no legal or military rationale for the current law, only prejudice." said Christopher Neff of the Palm Center, an advocacy group based in California.

"It is now up to our civil leaders to consider every available legislative, executive and judicial option to move beyond 'don't ask, don't tell.'"

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