Tags: US | Gays | In | Military

Two Ex Officers to Testify Against Military's Ban

Friday, 16 Jul 2010 06:47 AM

 

  Comment  |
   Contact  |
  Print  
|  A   A  
  Copy Shortlink

Two military officers who were discharged because of the "don't ask, don't tell" policy will testify during the federal trial of a lawsuit posing the biggest constitutional challenge in recent years to the military's policy banning openly gay service members.

The lawsuit filed by the Log Cabin Republicans, a gay rights organization, seeks a federal injunction to immediately halt the policy.

The officers are expected to testify Friday in the case, which has put the Obama administration in the awkward position of defending a policy the president is pushing Congress to repeal.

More than 13,500 service members have been fired under "don't ask, don't tell" since 1994.

Mike Almy was dismissed after a routine computer search turned up personal e-mails he wrote while deployed in Iraq. After the e-mails were given to his commander, he was handed discharge papers marked "homosexual admission" as the reason

"Despite this treatment, my greatest desire is still to return to active duty as an officer and leader in the United States Air Force, protecting the freedoms of a nation that I love; freedoms that I myself was not allowed to enjoy while serving in the military," Almy wrote in an April 26, 2010 letter to President Obama asking him to overturn the policy.

Jenny L. Kopfstein, a decorated Navy officer from San Diego who was discharged in 2002 after telling her commanding officer she was gay, was also expected to testify Friday during the trial.

Government attorneys say the issue should be decided by Congress and not in the federal courtroom in Riverside, Calif.

The U.S. House has voted to repeal the policy, and the Senate is expected to take up the issue this summer.

In deciding to hear the challenge, U.S. District Judge Virginia A. Phillips said the "possibility that action by the legislative and executive branches will moot this case is sufficiently remote."

The plaintiff's attorney, Dan Woods argued the policy violates the rights of gay military members to free speech, due process and open association.

"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 are discovered to be engaging in homosexual activity, even in the privacy of their own homes off base.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  Comment  |
   Contact  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Ferguson Protest Closes Huge St. Louis-area Mall

Friday, 28 Nov 2014 17:05 PM

Officials temporarily closed a large shopping mall near St. Louis amid a protest triggered by a grand jury's decision no . . .

Man Dies After Shooting at Mexican Consulate, Other Sites in Texas Capital

Friday, 28 Nov 2014 16:06 PM

A man apparently upset about U.S. immigration policy was fatally shot early on Friday after firing more than 100 rounds  . . .

Players' Union: Ray Rice Wins Appeal of His Indefinite Suspension

Friday, 28 Nov 2014 15:36 PM

Former Baltimore Ravens running back Ray Rice is eligible for reinstatement by the National Football League after winnin . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved