Don’t Ask, Don’t Tell’ Challenged
by Nancy Zuckerbrod
Twelve gays expelled from the military because of their sexual orientation filed a legal challenge Monday to the Pentagon’s 11-year-old “don’t ask, don’t tell” policy. The lawsuit, filed in federal court in Boston, cited last year’s landmark Supreme Court ruling that overturned state laws making gay sex a crime.
Other courts have upheld the policy, approved by Congress and put in place by the Clinton administration. However, those decisions came before the 2003 Supreme Court ruling last year that state laws making homosexual sex a crime were unconstitutional. That overturned an earlier Supreme Court ruling that had upheld sodomy laws.
Former Lt. j.g. Jen Kopfstein of San Diego was dismissed from the Navy after she told her commanding officer she was a lesbian. Kopfstein, a plaintiff in the case, said Monday hiding her identity felt dishonest. Justin Peacock, a former Coast Guard boatswain’s mate from Knoxville, Tenn., and also a plaintiff, was discharged after someone reported he was seen holding hands with another man. Lt. Col. Joe Richard, a Pentagon spokesman, said officials have not seen the lawsuit and therefore could not comment on it.
“Don’t ask, don’t tell” allows gays and lesbians to serve in the military as long as they don’t reveal their sexual orientation and abstain from homosexual activity. Before that the Pentagon barred homosexuals from military service. Two other lawsuits challenging the policy have been filed since the high court’s reversal.