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Pentagon Spied on U.S. Gay Groups
A ttorneys at L aw
NBC News reported Dec. 20 that the U.S. military
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Supreme Court, we bring to bear our more than 30
years of experience advocating in favor of these princi
ples that are the bedrock of our legal system.
has spied on domestic groups, including some
“Unfortunately, what our analysis reveals is that
opposed to the war in Iraq and others protesting the
Judge Alito has a political agenda different from that
military’s “don’t ask, don’t tell" policy. New York
required of members of the judiciary. It is based on his
University's OUTlaw group was labeled “potentially
personal political ideology and stands apart from any
violent,” and a kiss-in at UC Santa Cruz to protest the
principle that can reasonably be located in the
military’s ban on openly gay personnel was deemed a
Constitution. We do not believe that Judge Alito has the
"credible threat” of terrorism.
necessary commitment to liberty and equality for all
Americans. Judge Alito puls particular political ends
Queer Legal Group
Opposes Alito Nomination
above a fair reading of the Constitution. Bill of Rights
and the laws passed by Congress. Put differently, his
Saying that Samuel Alito Jr. puts his personal polit
political agenda leads him to write judicial decisions
ical agenda above the principles enshrined in the
to make the law conform to his politics. He then
Constitution, Lambda Legal announced Dec. 12 its
applies legal craftsmanship and precedent to justify
opposition to his nomination to the U.S. Supreme
the law he is making.
“The job of a Supreme Court justice is unique
Court.
Kevin Cathcart, executive director of lambda Legal,
within the judiciary. Among other things, the con
said in a statement: “As a legal organization advocating
straints created by legal precedent are far less binding
for LGBT people and people with HIV, we know how
at the Supreme Court. Putting politics ahead of the
important it is that every member of the judiciary be
Constitution and laws of this country is dangerous at
committed to the Constitution and its core principles of
all levels of our judicial system. This practice is dan
liberty, equality and justice for all. In examining Samuel
gerous because it jeopardizes the system of checks
Alito's nomination for a lifetime appointment to the
and balances that the judiciary is meant to safeguard,
making the concerns of groups of people lacking
political power especially vulnerable.
“For these reasons, Lambda Legal is compelled to
oppose Samuel Alito's nomination.”
PENNSYLVANIA
Lawsuit Filed on Behalf of Former
Penn State Basketball Star
A lawsuit was filed Dec. 20 in federal district court
in Pennsylvania on behalf of former Penn State
women’s basketball star Jennifer Harris against Lady
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Lions basketball coach Rene Portland, among others.
The complaint alleges that, despite Harris’ out
standing performance as a student athlete during her
Servicemembers Legal Defense Network's C.
Dixon Osburn said it is "absurd, homophobic and
irrational" for the Pentagon to label a gay
student kiss-in as a "credible threat."
career at the university from 2003 to 2005, Portland
repeatedly inquired about her sexual orientation,
pressured her to change her appearance to be more
“feminine,” harassed and targeted her and other
African-American athletes and eventually told
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other players not to associate with her. In
2005, Portland abruptly told Harris to find
somewhere else to play.
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The complaint names Portland, athletic
director Tim Curley and Penn State as defen
dants and alleges they violated numerous fed
eral and state laws and constitutional protec
tions prohibiting discrimination based on
race, gender and sexual orientation. In addi
tion to seeking damages, Harris asks the
Hundreds of students march and rally Oct. 18 at UC
Santa Cruz to protest the presence of military
recruiters at the campus career fair.
court to order Penn State to conduct manda
tory nondiscrimination training for all athlet
ic department employees as well as create
new policies to help student athletes
report discrimination without fear of
retaliation.
“My departure from Penn State was
very painful,” said Harris. “I struggled
with whether I should just walk away
and try to forget what happened. I final
ly realized that I could never put this
incident behind me.”
Harris is a 6-foot guard from
Harrisburg, Pa. She graduated in 2003
as the most decorated player in Central
According to a press release by the Servicemembers Legal
Defense Network, this peaceful protest and others like it
were under surveillance by the Pentagon.
Dauphin High history and still holds the
school record as all-time leading scorer.
Among other honors, Harris was named