Gay Veterans Want
Lawsuit Reinstated
By AP from the
NYTimes on the Web, March 7, 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.
''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.''
Gregory Katsas, a lawyer for the government, said the policy is a way to protect
military unit cohesion and reduce sexual tension.
The three-judge panel did not immediately rule.
''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.
U.S. District Judge Gorge A. O'Toole threw out their lawsuit 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 veterans say the policy violates their Constitutional rights to privacy,
free speech and equal protection. The Servicemembers Legal Defense Network
appealed O'Toole's ruling on their behalf. The former service members are
seeking reinstatement in the armed forces.
''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.
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