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December 14, 2004

 

Alaska cadets battle "Don't Ask, Don't Tell"

A dozen former armed forces members discharged for being gay or lesbian, including two former UAA ROTC cadets, filed a lawsuit last Monday challenging the constitutionality of the military's "don't ask, don't tell" rule.

Filed in Massachusetts court, the suit, Cook v. Rumsfeld, cites last year's Supreme Court decision in Lawrence v. Texas, which ruled a Texas sodomy statute ran contrary to the right to privacy.

The policy, introduced 11 years ago under the Clinton administration, bars the military from asking about an individual member's sex life unless evidence exists of homosexual conduct. The military can, however, discharge those who volunteer the information.

Among the plaintiffs are David Hall, who enrolled in UAA's Air Force ROTC program in May 2001, and Jack Grover, who enrolled in Aug. 2000. The two pursued a relationship with each other while serving in the program.

According to the lawsuit, Air Force officials told Hall in June 2002 they knew about his relationship with Glover. Hall declined comment, resulting in an investigation into whether the two were gay. They were disenrolled and honorably discharged from the ROTC in Aug. 2002.

Hall and Glover, along with the other plaintiffs, seek reinstatement in the military service.

The Servicemembers Legal Defense Network filed the lawsuit on behalf of the plaintiffs. In a statement, the group's executive director, C. Dixon Osburn, said "don't ask, don't tell" creates "an unacceptable and unconstitutional second class citizenship" for those in the armed forces.

"Forcing gays into a federally imposed closet and firing them for telling the truth is blatantly wrong," he said. "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."

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