Challenge to
"don't ask, don't tell" policy to be heard in Boston

During her first five years in the Navy, Jen Kopfstein avoided conversations about her personal life. In the collegiate atmosphere of the Naval Academy and the close quarters of a ship, that was difficult for Kopfstein. "I felt like I was being forced to lie and having to be dishonest," said Kopfstein. "I could never share anything about my family or my home life or even say what I did on the weekend. It is hurtful to do that." So Kopfstein wrote a letter to her commanding officer telling him she was a lesbian. Under the military's "don't ask, don't tell" policy, she was discharged from the Navy. Kopfstein and 11 other service members are challenging the 12-year-old policy, arguing in a federal lawsuit that it violates their constitutional rights to privacy, free speech, and equal protection of the law. "It's a terrible policy," said Kopfstein, 30, of San Diego. "It's very detrimental to morale. It turns people into second-class citizens." "Don't ask, don't tell," established in 1993 under the Clinton administration, 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. On Friday the Bush administration will ask a federal judge in Boston to dismiss the lawsuit. In court documents, the Justice Department argues that Congress, in approving "don't ask, don't tell," recognized that the military is characterized by its own rules and traditions, including some restrictions that would not be accepted in civilian society. The policy "rationally furthers the government's interest in maintaining unit cohesion, reducing sexual tensions, and promoting personal privacy," the government argues. But the Servicemembers Legal Defense Network, which filed the lawsuit, argues that the policy is clearly discriminatory. "The government has never produced a shred of evidence that this is necessary for military readiness," said executive director C. Dixon Osburn. "Don't ask, don't tell" punishes people for who they are, Osburn said. "You cannot say that you are gay if you are in the military. You cannot tell your mom, you cannot tell your colleagues, you cannot tell anyone." Derek Sparks joined the Navy just after high school and earned more than a dozen medals and commendations during his 14-year career, which included deployments for Operation Desert Storm and Operation Enduring Freedom in Afghanistan. In 2002 a shipmate said he had seen Sparks and two other men engaging in homosexual activity in Sparks's office. All three men denied the accusation. During the investigation, Sparks acknowledged that he is gay. "It was out of frustration," Sparks said. "I had been hiding for so long and leading a double life in the Navy. At that point I had just kind of had enough." "The atmosphere was one that forced you to hide," he said. "You would hear remarks every day--antigay remarks--so any person in their right mind would not want to reveal their sexuality." The Navy discharged Sparks, of Seattle, in April 2002. "Don't ask, don't tell" has been upheld by appeals courts in several other jurisdictions. "The Department of Defense policy on homosexual conduct in the military implements a federal law enacted in 1993 following extensive hearings and debate. The law would need to be changed to affect the department's policy," said Lt. Col. Ellen Krenke, a Pentagon spokeswoman. Osburn said one of the reasons they filed the lawsuit in Boston is because the appeals court here--the first circuit--has never been asked to rule in a case involving the policy. One of the plaintiffs, Laura Galaburda, a former second lieutenant in the Air Force Reserves, lives in Boston. Osburn's group is hoping a 2003 U.S. Supreme Court ruling will help their case. The ruling said state laws criminalizing homosexual sex were unconstitutional. The group is also arguing that with the country at war and recruitment lagging, it does not make sense to dismiss experienced gay and lesbian service members because of their sexual orientation. (Denise Lavoie, AP)