Court rejects challenge to 'don't ask, don't tell' Pentagon policy forbids gays, lesbians from serving openly in the military WASHINGTON - The Supreme Court has turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military, granting a request by the Obama administration. The court said Monday that it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military's "don't ask, don't tell" policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.