SLDN Lawsuit Challenges “Don’t Ask, Don’t Tell” By Bob Roehr Contributing Writer The Servicemembers Legal Defense Network (SLDN) launched its promised challenge to the antigay mili tary policy known as "Don't Ask, Don't Tell" (DADT) on December 6 with a lawsuit filed in federal court in Boston and a news conference in Washington, DC. The dozen plaintiffs are from around the country and served anywhere from several months to more than fourteen years before being kicked out for being gay. The lawsuit charges that DATD violates their rights under the First, Fourth, Fifth, and Ninth Amendments to the Constitution. All are seeking to be reinstated in the military. SLDN executive director C. Dixon Osbum said, "They have all served during the war on terrorism, three in direct support of operations- in-the Middle East. Together, they have served more than sixty-five years in the armed forces. Among them, they have earned more than five dozen commendations, medals, and awards." 1 hey represent more than 65,000 gay and lesbian service members on active duty and more than a million GLBT veterans. "We hope to end, once and for all, the ban on gays in the military.. .It is unconstitutional and contrary to our national security interests." Osbum bases his optimism for suc cess upon the 2003 Lawrence decision by US Supreme Court that threw out state sodomy laws. That opinion "declared that gays and lesbians have a funda mental right to privacy, free from inter ference from our government." Several of the earlier adverse deci sions affirming the constitutionality of DADT were based in part upon the 1986 Bowers V. Hardwick decision by the Court, which upheld state sodomy laws. But the Lawrence decision explicitly reversed that earlier precedent stating; "Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled." This lawsuit, known as Cook v. Rumsfeld, is one of the first to revisit the issue of DADT in light of that legal underpinning being knocked down. Sharra E. Greer, SLDN's legal and policy director, said, "There is no other law quite like DADT. It is the only law SLDN Executive Director C. Dixon Osbourne addressef that National Press' Club. Photo by Bob Roehr in the history of our nation that requires the firing of an employee—from our nation's largest employer—simply because they are lesbian, gay, or bisexu al." "Service members are muzzled in violation of their first amendment rights. They are denied due process; they are denied equal protection of the law. They are forced to serve as second class citizens and denied the opportuni ty to serve their country for no good reason at all." "It is this law, and not the lesbians, gay men, and bisexuals who serve their country that undermine good order, discipline, unit cohesion, and morale. There can be no doubt that don't ask, don't tell is blatantly unconstitutional," she said. Two of the plaintiffs participated in the news conference. Lieutenant jg Jen Kopfstein joined the Navy in 1995, winning honors as a mid shipman at the US Naval Academy in Annapolis and as a weapons officer aboard ship. She told the story of her grandfather who fought in the Battle of the Bulge during WWII and of being on a warship that left port on 9/11 not knowing if the country would be under further attack. "I am his blood, and I was ready and willing to fight for my country in time of crisis." Her commander fought for her reten tion when Kopfstein was under investi gation for being a lesbian, but the inves tigators paid little heed. Dr. Monica Hill was "forced to choose between serving my country as an Air Force physician and caring for my terminally ill partner, Terri Cason." She requested a delay in reporting for duty in order to care for Cason. "I watched Terri die in her hospital room as the World Trade Center towers fell and the Pentagon burned, and I never felt more helpless. I could not stop the cancer from taking Terri, nor was I at Andrews [Air Force Base near Washington, DC] helping with the casualties from the attacks." Hill's request resulted in "a long and humiliating interrogation" and eventu al termination from the Air Force. The military later sought recoupment, or repayment the money they had paid toward Hill's medical education. That process is ongoing. "Last month, 135 servicemen and women were killed in Iraq. No one can ever know how my presence as a physi cian could have altered the outcome of those casualties," Hill said. Stuart Delery is an attorney with the prestigious firm of Wilmer Cutler Pickering Hale and Dorr, which has taken on the case on a pro bono basis. He recounted how the firm has a long continued on page 13 Military Appeals Court Reverses Heterosexual Sodomy Conviction WASHINGTON (AP) - A military appeals court has overturned the conviction of a soldier for hetero sexual sodomy in a decision that legal scholars and advocates for gay rights say may have broader implications for gays serving in the armed forces. The decision, issued late last month by the United States Army Court of Criminal Apporfs, was based in part on the Supreme Court opinion in Lawrence v. Texas, which declared last year that the Texas sodomy statute vio lated the right to privacy. I he case before the Army court involved a male Army specialist who admitted that he had engaged in consensual oral sex in a barracks room with a female civilian whom he had met at a nightclub. But those seeking to abolish the military's "don't ask, don't tell” policy, and some legal experts, say the ruling is also applicable to private gay sex - thus cracking the foundation of the mil itary's rationale for requiring gavs to serve in silence. Under Article 125 of the Uniform Code of Military Justice, armed forces personnel are pro hibited from "unnatural carnal copulation with another person of the same or opposite sex or with an animal." lhe separate policy regarding the service of gays and lesbians in the armed forces, known as "don't ask, don't tell," bars officials from inquiring into a soldier's sex life unless there is evidence of homo sexual conduct. But those who volunteer the information can be discharged. "The effect on 'don't ask, don't continued on page 14 Our next issue will be out on January 7, 2005. Ad Deadline December 31.

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