Gays challenge 'don't ask,
don't tell'
Tallahassee.com
By NANCY ZUCKERBROD
Associated Press
Posted on Mon, Dec. 06, 2004
WASHINGTON - Twelve gays expelled from the military because of
their sexual orientation filed a legal challenge Monday to the
Pentagon's 11-year-old "don't ask, don't tell" policy.
The lawsuit, filed in federal court in Boston, cited last
year's landmark Supreme Court ruling that overturned state laws
making gay sex a crime.
Other courts have upheld the policy, approved by Congress and
put in place by the Clinton administration. However, those
decisions came before the 2003 Supreme Court ruling, said C.
Dixon Osburn, executive director of Servicemembers Legal Defense
Network, which is advising the plaintiffs.
"We think the gay ban can no longer survive constitutionally,"
he said. "You do not ban an entire class of people just to
accommodate prejudice."
Former Lt. j.g. Jen Kopfstein of San Diego was dismissed from
the Navy after she told her commanding officer she was a lesbian.
Kopfstein, a plaintiff in the case, said Monday hiding her
identity felt dishonest.
"Today, I'm here to stand up for what is right," she said.
"Don't ask don't tell is a horrible policy."
Justin Peacock, a former Coast Guard boatswain's mate from
Knoxville, Tenn., and another plaintiff, was discharged after
someone reported he was seen holding hands with another man.
"I would love to rejoin, but even if I don't get back in at
least I could say I tried to get the policy changed," Peacock
said.
Lt. Col. Joe Richard, a Pentagon spokesman, said officials
have not seen the lawsuit and therefore could not comment on
it.
"Don't ask, don't tell" allows gays and lesbians to serve in
the military as long as they don't reveal their sexual
orientation and abstain from homosexual activity. Before that the
Pentagon barred homosexuals from military service.
The Supreme Court ruled last year that state laws making
homosexual sex a crime were unconstitutional. That overturned an
earlier Supreme Court ruling that had upheld sodomy laws.
Two other lawsuits challenging the policy have been filed
since the high court's reversal.
One was brought in California by the Log Cabin Republicans, a
political organization for gays. Osburn said that group could
face a difficult fight because it was not bringing its suit on
behalf of a specific injured party. He also noted a federal
appeals court in California has upheld "don't ask, don't tell,"
but the appellate court for Boston has not ruled on the
issue.
The other suit was filed in the U.S. Court of Federal Claims,
which generally deals with cases that involve money. That
plaintiff, who was separated from the Army, is seeking to recover
his pension and is challenging the ban in the process. Osburn
said the court might rule narrowly on the financial claim and not
on the constitutionality of the gay members policy.
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