Monday, April 24, 2006
Judge dismisses challenge to military 'Don't Ask, Don't Tell' policy
Katerina Ossenova at 6:01 PM ET
[JURIST] A federal judge in Boston Monday dismissed [ruling, PDF] a suit filed in 2004 by twelve members of the US armed forces [JURIST report] represented by the Servicemembers Legal Defense Network (SLDN) [advocacy website] challenging the military’s “Don’t ask, don’t tell” policy [Wikipedia backgrounder; SLDN timeline, PDF] requiring them to keep their sexual orientation secret or face discharge. The case was one of first impression for the US First Circuit [official website], but Judge George A. O’Toole Jr. [official profile] rejected the argument that the military policy violates the First Amendment [text] by denying service members their right to privacy, free speech, and equal protection under the law: “The fact that one might speak about one’s conduct, or one’s propensity or intention to engage in certain conduct, does not mean that a governmental regulation pertaining to the conduct is also an impermissible restriction on speaking about it.”
The Bush administration argued [JURIST report] that Congress’ approval of “don’t ask, don’t tell” was based on a recognition that the military requires policies not appropriate in civilian society and that the policy “rationally furthers the government’s interest in maintaining unit cohesion, reducing sexual tensions and promoting personal privacy.” The SLDN has not made a final decision whether to appeal the dismissal to the First Circuit but is reviewing all possible responses [press release]. Lawmakers in February 2005 cited a Government Accountability Office report [text, PDF] to criticize the policy [JURIST report] and its negative effect on recruitment and retention of military personnel. “Don’t ask, don’t tell” has been upheld by appeals courts in several other jurisdictions.
AP has more.
How does this policy 'promote unit cohesion' and 'reduce sexual tension' if homosexuals are expected to keep their sexuality hidden - while heterosexuals are allowed (even expected) to display theirs openly? If keeping your job relies on you keeping your sexuality secret, that's hardly a recipe for cohesion and reducing tension. Nor does it advance the safety of those
suspected of being homosexual.
“The fact that one might speak about one’s conduct, or one’s propensity or intention to engage in certain conduct, does not mean that a governmental regulation pertaining to the conduct is also an impermissible restriction on speaking about it.”
WTF? The "don't ask, don't tell" policy is directed at speech. The military claim not to be interested in whether you are homosexual or not, so long as you don't tell anyone (and that can include getting 'caught' through conduct - speech includes conduct).
For some reason, a soldier ceases to be an excellent employee because they're no longer assumed to be heterosexual? Regardless of their prior history as an employee. But it can't be about homophobia, of course.
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Judge dismisses challenge to military 'Don't Ask, Don't Tell' policy