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T he B eginning
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Lawsuit challenges "d o n 't ask, don't toll"
by Bob Roehr
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ervicememhers Legal Defense Net
work launched its promised chal
lenge to the anti-gay military policy
known as “don’t ask, don’t tell”
Dec. 6 with a lawsuit filed in federal
court in Boston and a news conference in
Washington, D.C.
The dozen plaintiffs are from around the
country and served anywhere from several
months to more than 14 years before being
kicked out for being gay. The lawsuit charges
that “don’t ask, don’t tell” violates their rights
under the First, Fourth, Fifth and Ninth
Amendments to the Constitution. All are seek
ing to he reinstated in the military.
“They have all served during the war on ter
rorism, three in direct support of operations in
the Middle East," said C. Dixon Osbum, Serv-
icemembers Legal Defense Network executive
director. “Together, they have served more than
65 years in the armed forces. Among them, they
have earned more than five dozen commenda
tions, medals and awards."
They represent more than 65,000 gay and
lesbian servicememhers on active duty and
more than a million queer veterans. “We hope
to end, once and for all, the han on gays in the
military," Osbum said. “ It is unconstitutional
and contrary to our national security interests.”
C3shum bases his optimism for success on the
U.S. Supreme Quirt's Lawrence vs. Texas deci
sion, which threw out state sodomy laws. The
2005 opinion “declared that gays and lesbians
have a fundamental right to privacy, free from
interference from our government.”
Several of the earlier adverse decisions
affirming the constitutionality of “don’t ask,
don’t tell” were based in part tm the court’s 1986
Bowers vs. Hardwick decision, 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 bind
ing precedent. Bowers vs. Hardwick should be
and now is overruled."
Tins lawsuit, known asQ xik vs. Rumsfeld, is
one of the first to revisit the issue of “don't ask,
don’t tell” in light of that legal underpinning
being knocked down.
“There is no other law quite like [‘don’t ask,
don’t tell’]. It is the only law in the history of our
nation that requires the firing of an employee—
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from our nation’s largest employer— simply
because they are lesbian, gay or bisexual,” said
Sharra E. Greer, Servicememhers Legal Defense
Network legal and policy director.
“Servicememhers 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 opportunity to serve
their country for no gcxx.1 reason at all.
“It is this law— and not the lesbians, gay
men and bisexuals who serve their country—
that undermines gtxxJ order, discipline, unit
cohesion and morale. There can he no doubt
that ‘don’t ask, don’t tell’ is blatantly unconsti
tutional,” she said.
Two of the plaintiffs participated in the news
conference.
Lt. j.g. Jen Kopfstein joined the Navy in
1995, winning honors as a midshipman at the
U.S. Naval Academy in Annapolis, Md., and as
a weapons officer aboard ship. She told the story
of her grandfather who fought in the Battle of
the Bulge during World War II and of being on
a warship that left port on 9/11 not knowing if
the country would he under further attack. “I
am his hlcxxl, and 1 was ready and willing to
fight for my country in time of crisis.”
Her commander fought for her retention
when Kopfstein was under investigation for
being a lesbian, hut the investigators paid little
heed.
Monica Hill was “forced to chixise 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 tor Cason.
“1 watched Terri die in her hospital rixim as
the World Trade Center towers fell and the
Pentagon burned, and 1 never felt more help
less. 1 could not stop the cancer from taking
Terri, nor was 1 at Andrews [Air Force Base near
Washington, D.C.| helping with the casualties
from the attacks.”
Hill’s request resulted in “a long and humili
ating interrogation” and eventual termination
from the Air Force. The military later sought
recoupment, or repayment of the money it had
paid toward her medical education. That
prixiess is ongoing.
“Last month, 1 35 servicemen and women
were killed in Iraq. No one can ever know how
my presence as a physician could have altered
“It’s the funnest eye exam
I’ve ever had”
Shelby Wickorst. O.D.
O ptometiuc P hysician
Phone (360) 944-1911
Fax (360) 944-5255
1901 NE 162nd Avenue Suite D102
Vancouver WA 98684
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