Gay Veterans of War on Terror Sue Pentagon for Re-Instatement

Gay Veterans of War on Terror Sue Pentagon for Re-Instatement Challenge to 'Don't Ask, Don't Tell' Could End Military's Gay Ban

12/6/2004 9:31:00 AM

To: National Desk, Legal Reporter

Contact: Steve Ralls of Servicemembers Legal Defense Network, 202-328-3244, ext. 116 or sralls [at] sldn.org; Web: http://www.sldn.org

WASHINGTON, Dec. 6 /U.S. Newswire/ -- Servicemembers Legal Defense Network (SLDN) filed a lawsuit today, Cook v. Rumsfeld, in the U.S. District Court for the District of Massachusetts on behalf of twelve lesbian and gay veterans seeking re-instatement in the U.S. Armed Forces. Each of the plaintiffs was discharged under the military's "Don't Ask, Don't Tell" ban on gay, lesbian and bisexual military personnel. Each served during the current war on terror. Their case could eventually reach the United States Supreme Court.

The plaintiffs in the lawsuit all served honorably in the United States Army, Navy, Air Force and Coast Guard. Together, they have served more than sixty-five years in the armed forces. Three have served in direct support of operations in the Middle East. Among them, they have earned more than five dozen awards, medals and commendations.

"My grandfather fought in the Battle of the Bulge in WWII," said former LTJG Jen Kopstein, one of the plaintiffs in the lawsuit. "I was on a ship which went out to sea on September 11, 2001, to defend the coast of California at a time when none of us knew if further attacks were imminent. I made a commitment to the Navy when I joined. I deserve the opportunity to live up to my commitment, and serve out the rest of my obligated time with honor, as I served the first part."

C. Dixon Osburn, executive director of SLDN said that, "'Don't Ask, Don't Tell' creates an unacceptable and unconstitutional second class citizenship for our men and women in uniform. Forcing gays into a federally imposed closet and firing them for telling the truth is blatantly wrong. This law robs our nation of the talents and skills of thousands at a time when we can ill- afford to lose a single service member in the war on terrorism."

Today's lawsuit asserts that "'Don't Ask, Don't Tell' punishes gay, lesbian and bisexual service members . . . for their sexual orientation and for their private, constitutionally protected conduct. As a result, it has denied and continues to deny them several Constitutional rights, including the right of privacy, equal protection of the law, and freedom of speech."

"The world has changed during the past decade and since the last constitutional challenges to 'Don't Ask, Don't Tell' were filed," Osburn said. "Last year, the Supreme Court, in Lawrence v. Texas, recognized that gays and lesbians have a fundamental right to privacy. Seventy-nine percent of Americans support allowing gays to serve openly, including a majority of junior enlisted personnel. Two retired generals and an admiral recently came out of the closet. Our closest military allies allow gays to serve openly. Quite simply, there is no compelling reason for a continued ban on gay personnel in the world's strongest military. It is unconstitutional and contrary to our national security interests."

Among the plaintiffs named in today's lawsuit are:

Former Navy Lieutenant Jenny Kopstein. Kopfstein, a graduate of the U.S. Naval Academy, patrolled the nation's borders in the wake of the terrorist attacks of September 11, 2001. LTJG Kopfstein's command declined to discharge her for two years after learning she is a lesbian.

Former Army Sergeant First Class Stacy Vasquez. Vasquez served nearly ten years as an Army paralegal and was one of the top recruiters in the entire Army. Vasquez was discharged after being outed by a fellow service member's wife.

Former Air Force Captain Monica Hill. Hill, a physician, was discharged after requesting a leave of absence to care for her terminally ill partner of 14 years, who died on September 11, 2001.

Former Air Force Sergeant David Hall. Hall, who served for five years as an enlisted member of the U.S. Air Force before joining the Air Force ROTC program at the University of Alaska, was ranked first in his ROTC class. After serving in Saudi Arabia and Kuwait, Hall was fired when a fellow cadet and friend outed him to his command.

The plaintiffs are represented by SLDN and the law firm of Wilmer Cutler Pickering Hale and Dorr LLP. Copies of today's lawsuit, biographical information on each of the plaintiffs and related information on "Don't Ask, Don't Tell" are available online at http://www.sldn.org.

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Servicemembers Legal Defense Network is a national, non-profit legal services, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by 'Don't Ask, Don't Tell' and related forms of intolerance. For more information, visit http://www.sldn.org.

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