A federal judge in Massachusetts dismissed today a constitutional challenge to the U.S. military’s ban on service by men and women who are openly gay. The decision by District Judge George A. O’Toole, Jr., is the second in a month throwing out suits attacking the “Don’t Ask, Don’t Tell” policy enacted by Congress and signed by President Clinton in 1993.
Kuwait veteran Thomas Cook, discharged by the Army in 2004 after coming out, was the lead plaintiff in the suit dismissed today by a federal judge in Massachusetts.
The suit was brought by gay veterans of the U.S. Army, Navy, Air Force and Coast Guard, who were represented by the Servicemembers Legal Defense Network, a group that advocates repeal of the military’s gay ban, as well as the law firm of Wilmer Cutler Pickering Hale & Dorr.
“We are disappointed in the court’s decision, and are reviewing all possible responses,” said C. Dixon Osburn, SLDN’s executive director, in a statement. “We continue to believe the military’s ban is un-American and unconstitutional.” (source)
Not much to say about this, except.....
Emotional Viewpoint
I believe that every single gay and lesbian person in the U.S. Military should come out of the closet right now! You want to challenge the policy? Put the policy on trial in a real court room - the barracks, the battle field, the Pentagon. Bring the fight to them.
When everyone comes out, they will be faced with a dilemma - either stop this stupid and expensive policy, or begin the discharges of a hundred thousand (and I’m being conservative) gay men and women from the U.S. Military.
If the military is so damned concerned about gay people being in the military, fine. Let the straight people go to battle and die for our country, because it’s obvious that our country doesn’t care about us.
Practical Viewpoint
If you are in the barracks, and the people around you are so insecure about the idea of a man looking at their ass when they are getting dressed, or looking at their “pee pee” in the shower, then you don’t want to be there.
If you are on the battle field, and the people around you are so insecure about the idea of a man looking at their ass when they are getting dressed, or looking at their “pee pee” in the shower, and would just as soon put a bullet in your back and called it “friendly fire” just to get rid of you, then you don’t want to be there.
But I give more credit to our troops in the field than that. I believe that 98% of them don’t give a rats ass what people are into, as long as you are competent and know how to do your job (stay alive and watch their back so they don’t get killed).
Every single soldier that I have talked to in our current war in Iraq have no problem with gays serving and have admitted that there are a number of openly gay men serving along side them, and everyone in the unit knows they are gay. The problem comes when that information sometimes works it’s way up the chain and a competent soldier is yanked from the ranks and discharged.
This has more to do with Congress than the military at this point in time. At the time the policy was put into place in 1993, that could not be said. But the military has changed and attitudes have changed within the ranks over the years, precisely because of increased visibility of the gay community.
The same cannot be said for our government, who is largely holding on to it’s homophobic feelings for dear life. This is a problem in the United States, and while we hold on to this archaic policy, it’s interesting to note that other countries have long since lifted these bans for military service; Israel, Canada, England, France, just to name a few.
“Real Life” Viewpoint
This topic is so old. Year after year I read of these discharges of highly qualified individuals, many of whom are in extremely technical positions. This training is expensive and we all pay for it. Yet, we are willing to allow the government to just discard this expertise without a whim.
I care about the soldiers this effects, but I guess my advice to them would be this:
“I know you love your country and you want to serve. You have to decide if your own personal integrity is that important to you. You have to decide if you can lie and make up stories about ‘your girlfriend’ every time the subject of ‘what did you do Saturday night’ comes up. But mostly, you have to decide if it’s worth it to go through all of that, only to be discarded like yesterdays trash, if they find out that you are gay, because they will throw you away and they won’t think twice about it.”


In a controversy with a familiar ring, parents of a Lexington second-grader are protesting that their son’s teacher read a fairy tale about gay marriage to the class without warning parents first.
The American Civil Liberties Union of Washington has challenged the dismissal of a decorated Major and flight nurse in the U.S. Air Force Reserves for engaging in “homosexual conduct.” The lawsuit, filed in U.S. District Court for the Western District of Washington, seeks to forbid Major Margaret Witt’s discharge.
This came after complaints by a leading homosexual MP who claimed that the number plate H 8 GAY was offensive to homosexual people. [...]
I spotted this billboard and was really stunned by it. It is exactly how I feel about the state of my country right now.



