Posted on 03/07/2007 12:58:10 PM PST by Diana in Wisconsin
BOSTON, MA (AP) - 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.
You know, after spending 20 years as 'USDA Grade A Army Beef,' this never ONCE was a problem for me. I knew what I was getting into. Yeesh!
The title and the first sentence do not match.
""This is segregation all over again.""
Yes it is.
But in a GOOD way.
Sorry! My bad cut & paste. Please fix. Thanks!
Why is it always Boston????
My husband and I both have very strong opinions about this issue, but I won't bother airing them here. ::sigh::
Not that there's anything wrong with that.
"Not that there's anything wrong with that."
:0)
Second off, there is no Constitutional "right" to serve in the military. People are denied enlistment for being too short, too tall, too fat, scoring low on entrance exams, not having enough education, having flat feet, asthma, etc.
These folks knew the rules when they enlisted and agreed to keep their sexual lives private and then reneged.
No worries, perhaps if Rudy is elected this policy will be reversed.
I will say that behaviour is much different than "race", one is a product of actions, the other is a condition of being.
"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."
Get it back to the way it was- we find out you're gay, you'll be given a dishonorable discharge for fraudulent enlistment.
There, problem solved.
"having flat feet"
Actually, they don't do that anymore. You just get special running shoes.
I knew several people in basic and AIT who had flat feet. All that happened was that they got a certain type of running shoes.
When they stop segregating enlisted barracks room assignments and gang latrines by sex, then I'd be a whole lot more tolerant of letting homosexuals in the service.
When they eliminate open-bay barracks and 2, 3, 4 person dormitory rooms for enlisted people, I'll be a whole lot more tolerant of letting homosexuals in the service.
When they provide single rooms rather than GP-Large tents for soldiers in the field, I'll be a whole lot more tolerant of letting homosexuals in the service.
When they assign sailors to one-person staterooms on board ships and submarines, I'll be a whole lot more tolerant of letting homosexuals in the service.
But I don't anticipate any of the above happening more than I'd expect pigs to fly or h3ll to freeze over, so, for strictly practical reasons, there's really no way that they could allow homosexuals to serve in the military.
(Having said that, that's got not a thing to do with my personal moral stance against homosexual behavior...it's just a matter of simple logistics)
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