Ex-Army Capt . James Pietrangelo sued over `` do n't ask/do n't tell '' law . Pietrangelo had appealed case to U.S. Supreme Court . He was denied, but the court ruled that he could sue for discrimination based on sexual orientation and gender identity in federal courts. Obama administration had asked the high court not to take the case .
Ex-Army Capt . James Pietrangelo sued over `` do n't ask/do n't tell '' law . Pietrangelo had appealed case to U.S. Supreme Court . Justices without comment refuse to intervene . Obama administration had asked the high court not to take the case .