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Female Fighter Pilot Presses Ahead with Lawsuit
CNS | recently

Posted on 05/02/2002 1:05:32 PM PDT by meandog

Female Fighter Pilot Presses Ahead with Lawsuit

CNSNews.com) - Attorneys for U.S. Air Force Lt. Col. Martha McSally are pressing ahead with their lawsuit against the Pentagon and Defense Secretary Donald Rumsfeld, even though the Pentagon has modified its policy on U.S. military women wearing a Muslim abaya.

The abaya is a head-to-toe covering that women are required to wear in public in many Arab and Muslim nations.

At a hearing in federal court in Washington on Wednesday, attorneys for McSally plan to challenge a Defense Department motion to dismiss McSally's lawsuit.

McSally, who is based at Prince Sultan Air Base in Saudi Arabia, filed the lawsuit last December, challenging a U.S. military policy that required her and other American military women to wear the abaya anytime they left the U.S. military base.

The policy also required women to be accompanied by a man when traveling off base and to sit in the back of military vehicles.

McSally named both the Defense Department and Rumsfeld in her lawsuit, which claimed the abaya policy violated her constitutional right to equal protection as well as her freedom of speech and religion.

She is being represented by the Rutherford Institute, a civil liberties organization, and a team of Washington attorneys.

In December, when the lawsuit was filed, Rutherford attorney Steve Aden commented that even though McSally commanded the enlisted and junior officers around her, "She is ordered to sit in the back seat, wear this Muslim attire and in essence pretend she is a Muslim woman until they get to the base, at which time, she can take the abaya off and become a superior officer again."

Aden called it "political correctness run amok" and demanded that the policy be changed.

Mandatory vs 'Strongly Encouraged'

In fact, the Pentagon did change its policy about a month after McSally filed her lawsuit.

The Pentagon said American military women in Muslim nations would no longer be required to wear abayas. Although their use was no longer required, women were nevertheless encouraged to continue wearing abayas when traveling off base, in a nod to the host nations' sensibilities.

In a statement this week, the Rutherford Institute noted that the Defense Department -- in filing its motion to dismiss McSally's lawsuit -- claims to have resolved the issue by changing the abaya policy's language from "mandatory" to "strongly encouraged."

But attorneys for the Rutherford Institute said such language "still presents concerns about coercion of female military service personnel."

McSally's attorneys point out that the U.S. government continues to purchase and issue Muslim garb for American servicewomen, something they call a clear violation of the first amendment's establishment clause.

"In military culture, strongly encouraged is perceived as tantamount to a direct order, allowing the DOD to continue its discriminatory policy under another name," said John Whitehead, president of the Rutherford Institute. "We are hopeful the court will see past this charade and order the case to move forward."

McSally's attorneys also accuse the Pentagon of retaliating against McSally as a result of her opposition to the abaya policy. They say McSally's superiors have refused to recommend her for a command position.


TOPICS: Culture/Society; Extended News
KEYWORDS: abaya; mcsally
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Okay, I realize she has a point but, judging by her looks, perhaps the Saudis do too! Burka or paper bag perhaps would even be even more appropriate!

1 posted on 05/02/2002 1:05:32 PM PDT by meandog
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To: meandog
Ok, Ok Martha. Chill out, will 'ya?

'Abaya' beer, OK?

2 posted on 05/02/2002 1:06:59 PM PDT by AmericanInTokyo
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To: meandog
Are those two pictures of the same person?

One looks like a guy and the other look like a not to good looking gal.

If in fact they are the same person, then I agree 100% with the paper bag look.

3 posted on 05/02/2002 1:12:53 PM PDT by chiefqc
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To: meandog
In the meantime the rest of the women who serve do their jobs without having a lawyer "protecting" them.
Gee, no one ever told me about having a lawyer when I served. LOL
4 posted on 05/02/2002 1:13:03 PM PDT by 68-69TonkinGulfYachtClub
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To: meandog
In the meantime the rest of the women who serve do their jobs without having a lawyer "protecting" them.
Gee, no one ever told me about having a lawyer when I served. LOL
5 posted on 05/02/2002 1:13:07 PM PDT by 68-69TonkinGulfYachtClub
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To: meandog
Methinks this cur of a woman is trying to ensure her promotion to Colonel.

Oh, and by the way...where I come from an A-10 ain't no fighter.

6 posted on 05/02/2002 1:13:21 PM PDT by paddles
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To: paddles
No but Warthog would apply to the above photo.
7 posted on 05/02/2002 1:17:11 PM PDT by TheLurkerX
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To: meandog
*BLAM*! (accidentally shoots herself in foot). "OW!"

*BLAM*! (shoots herself in foot second time) "OW! OW!"

*BLAM!* (shoots herself in foot three times) "OW! CRAP! THAT _REALLY_ HURTS!"

*BLAM*! (shoots herself in same foot fourth time) "YEOW! SH*T! THAT REALLY, _REALLY_ HURTS!!"

*BLAM!* ...

8 posted on 05/02/2002 1:19:45 PM PDT by pabianice
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To: meandog
O.K. Before the "it's their country, their rules" crowd chimes in, please see this thread
9 posted on 05/02/2002 1:22:14 PM PDT by southern rock
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To: meandog

Brought to you by the Saudis. I wouldn't wear their smelly, filthy clothes either.

10 posted on 05/02/2002 1:28:53 PM PDT by southern rock
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To: meandog
The Rutherford Institute is right, when a general/admiral/high ranking officer "strongly encourages" you to do something, you can pretty much take that as a direct order. You may decide ignore this bit of "encouragement", but I can just about guarantee that you will suffer militarily for it.
11 posted on 05/02/2002 1:34:50 PM PDT by Blood of Tyrants
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To: meandog
It must be a difficult transition from a country that discriminates against men to one that discrimintates against women.
12 posted on 05/02/2002 1:37:58 PM PDT by monkey
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To: paddles
Oh, and by the way...where I come from an A-10 ain't no fighter

My wife and I were watching her on Fox or something and my wife said, "She's no fighter pilot". I said, "How can you tell?" My wife said, "Her neck is too skinny - You and all of your old squadron mates have 17 1/2" necks." Bullseye!!

13 posted on 05/02/2002 1:43:47 PM PDT by Bedford Forrest
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To: southern rock
True soldiers, sailors, airmen, Marines do not sue their chain-of-command. If you had spent 5 minutes in the military you would understand why not. But carry on with your crusade for this loser. Bye.
14 posted on 05/02/2002 1:49:05 PM PDT by A Navy Vet
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To: meandog
judging by her looks

OK, post a shot of yourself and we'll decide if we need to pay attention to your views.

15 posted on 05/02/2002 1:51:56 PM PDT by Grut
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To: meandog
Separated at birth: Martha McSally and Robbie Benson


16 posted on 05/02/2002 2:19:29 PM PDT by SMEDLEYBUTLER
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To: meandog
Sad how many people HATE this woman for speaking out; just because it is military policy doesn't stop something from being stupid.

Many ,many people have died due to following orders they knew were stupid.For instance, tthe revered Lee sent thousands to the grave by ordering an infantry attack against massed cannons!Yet his officers didn't refuse an obviously stupid order.

Just how many of her detractors have had the guts to serve ?

As regarding "fighter pilot", the Warthog is no F-16 firing air-to-air missiles for kills from kilometers away but a get down to the trees tank killer and support aircraft. It lacks the speed to escape enemy fighters and must depend on the F-series to "cover upstairs" while the A-10 being closer to and liable to be hit by ground to air defenses carries out its mission.

Damn few cowards are going to perform such missions even in training.

It is a shame so many expect the soldiers/sailors/airmen to put up with institutional stupidity or throw away their career.

17 posted on 05/02/2002 3:09:28 PM PDT by hoosierham
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To: meandog
Previously posted here
18 posted on 05/02/2002 3:12:43 PM PDT by Hillarys Gate Cult
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To: southern rock
O.K. Before the "it's their country, their rules" crowd chimes in, please see this thread

Uh, the problem here is that we have the option to say NO. And we COULD have. That's the difference.

What you seem to forget is we are in Saudi Arabia because they are allowing our military to be there.

Therefore, you bet your sweet bippy we do as the Romans do when we are in Rome. How DARE this woman try to dictate to both the Saudis AND her commanding officers what she will and will not do.

If this goes through, the military will be further undermined.

This woman needs and deserves a court martial and a dishonorable discharge. Now.

19 posted on 05/02/2002 3:39:43 PM PDT by Houmatt
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To: meandog; ALL
Initially, way back when this story first broke, I felt this woman was yet one more "libber" using her gender as a pick-ax to destroy our military. However, on reading more on her upbringing, her beliefs and especially her absolute reverence for our Constitution I realized I was going to back this woman 100 percent. She is, whether she realizes it or not, a FREEPER; I believe we would all be better served to support her rather than condemn her. I spent over ten years in the USAF, I flew as well (granted, they were C-130's) and I saw the top brass consistently pass the sort of orders which undermined morale and left people wondering why the oath to uphold and defend the Constitution was being violated. I left the USAF after ten years - though I tell people that the USAF really left me. If we believe our Constitution is worth defending and if we have sworn to defend it and its principles then we defend it no matter where we are. This woman is doing that.
20 posted on 05/02/2002 4:18:07 PM PDT by waxhaw
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