COUNTERING MILITARY RECRUITMENT
Articles: Military Service: Gays/Lesbians
Gay Vets Challenge 'Don't Ask, Don't Tell'
Associated Press
March 08, 2007
BOSTON - Twelve gay and lesbian veterans who were dismissed under the military's "don't ask, don't tell" policy asked a federal appeals court Wednesday to reinstate their lawsuit challenging the policy.In arguments before the 1st U.S. Circuit Court of Appeals, they compared the policy to government-sanctioned discrimination against blacks. "Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engaging in homosexual activity.
"Systematically in the military today, gays are being harassed, hounded, harmed," former Army Capt. James Pietrangelo II told the court. "This is segregation all over again."
But Gregory Katsas, a lawyer for the government, said the policy is a way to protect military unit cohesion and reduce sexual tension.
The veterans, who served in the Army, Navy, Air Force and Coast Guard, argued in their lawsuit that the policy violates their Constitutional rights to privacy, free speech and equal protection.
U.S. District Judge Gorge A. O'Toole threw out the suit in April, citing the broad authority given to Congress in establishing the country's military policies and the in-depth Congressional hearings on the policy before it was established in 1993 under the Clinton administration.
The Servicemembers Legal Defense Network appealed O'Toole's ruling on behalf of the veterans, arguing that at a time when the military is having recruiting difficulties, it is discharging distinguished service members because they are gay.
The Bush administration has argued in court documents that the policy "rationally furthers the government's interest in maintaining unit cohesion, reducing sexual tensions and promoting personal privacy."
"Don't ask, don't tell" has been upheld by appeals courts in several other jurisdictions but has never been ruled on by the 1st Circuit.
The three-judge panel did not immediately rule.
The 12 former service members are seeking reinstatement in the armed forces. Pietrangelo is among the plaintiffs and was allowed to argue the case Wednesday.
This archive consists of a topically organized selection of
articles culled by members of the Counter-Recruitment List Serve from printed
publications and web sites. The archive is not complete. We have chosen
material relevant to the work of