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December 17 2004 » JlIS t O U t13
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Plaintiff Jen Kopfstein and Servicemembers Legal Defense Network staff
the outcome of those casualties,” Hill said.
chusetts because one of the plaintiffs resides
Stuart Delery is an attorney with the presti there and because the First Circuit has yet to
gious firm of Wilmer Cutler Pickering Hale and ; consider the policy of “don’t ask, don’t tell.”
Dorr, which has taken on the case at no charge.
Greer said last year’s same-sex marriage decision
He recounted how the firm has a long involve was under state law and did not influence the
ment in civil rights issues. In 1954, it defended
choice of venue on this matter, which is being
the rights of servicemembers under scurrilous
contested under federal law.
attacks from U.S. Sen. Joseph M cCarthy,
Osbum said this lawsuit differs from the one
R-Wis.
filed Oct. 12 by Log Cabin Republicans in Los
T he lawsuit aggressively challenges the
Angeles. T h at suit was filed on behalf of
premise that “don’t ask, don’t tell” poses an
unnamed members of the gay G O P group who
unacceptable risk to military morale, gixxl order,
continue to serve in the military. As an “associ-
ational” lawsuit, it faces an additional hurdle in
discipline and unit cohesion. It reads, in part:
“There is no credible evidence that the presence
gaining the court’s attention.
of plaintiffs and other gay, lesbian and bisexual
Osbum believes that filing the suit while the
servicemembers in the military has hurt military
country is engaged in a war on terrorism “is exact
effectiveness. 1‘Don’t ask, don’t tell’) lacks any
ly the right time to do this.” The military has con
rational, important or compelling basis and
tinued difficulty in recruiting and retaining
serves no legitimate government or military
interest.”
have demonstrated that they are capable of serv
The case takes particular aim at the congres
ing and should not be denied that opportunity.
sional “findings" that asserted anti-gay myths,
Reinforcing the argument, a lawsuit filed
saying that those conclusions did not flow from
that same day in Washington, D.C., by eight
the very reports that the Pentagon itself had
National Guardsmen is challenging the Penta
commissioned on the subject. The courts tradi gon’s “stop-loss” policy. Under the policy, the
military requires that soldiers stay with their
tionally give great deference to Congress and
the military on matters of national defense. “We
units if they are deployed overseas, even if they
have completed their terms of enlistment. It says
want to take (those findings) head On," said
the policy enhances unit cohesion.
Osbum.
Many U.S. allies have begun to allow gays
The soldiers say it violates the contract that
they signed with the government when they
and lesbians to serve openly in the 11 years since
“don’t ask, don’t tell” was adopted, and that
enlisted. j n
experience further undercuts the congressional
BOB R oehr is a free-lance reporter based in
findings.
The attorneys decided to file suit in Massa W ashington, D .C .
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