This wouldn’t be necessary if Congress would do its damn job:

Three decorated military veterans discharged because they are gay filed suit Monday in San Francisco seeking reinstatement and another federal court judgment that the Pentagon’s ban on openly gay and lesbian personnel in the military is unconstitutional.

The lawsuit should serve as “a shot across the bow” to put Congress on notice that if lawmakers fail to repeal the law, those who oppose it will turn to the courts for relief, said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network.

U.S. District Judge Virginia Phillips in Riverside declared the law unconstitutional in September and ordered an end to military discharges based on service members’ sexual orientation. But the U.S. 9th Circuit Court of Appeals suspended her ruling until appeals by supporters of the gay service ban have been considered.

[...]

The suit was filed on behalf of Air Force veterans Michael D. Almy and Anthony J. Loverde, and former Navy Petty Officer Jason D. Knight. All three had been awarded numerous medals and commendations for their service before they were discharged.

I like Mike Almy. He’s such a levelheaded spokesman for why DADT needs to go.