Twelve gay and
lesbian veterans who were dismissed under the military's
''don't ask, don't tell'' policy asked a federal appeals
court Wednesday to reinstate their lawsuit challenging
the policy.
In arguments
before the first U.S. circuit court of appeals, they
compared the policy to government-sanctioned discrimination
against blacks.
''Systematically
in the military today, gays are being harassed, hounded,
harmed,'' former Army captain James Pietrangelo II told the
court. ''This is segregation all over again.''
Gregory Katsas, a
lawyer for the government, said the policy is a way to
protect military unit cohesion and reduce sexual tension.
The three-judge
panel did not immediately rule.
''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 engaging in
homosexual activity.
U.S. district
judge Gorge A. O'Toole threw out their lawsuit in April,
citing the broad authority given to Congress in establishing
the country's military policies and the in-depth
congressional hearings on the policy before it was
established in 1993 under the Clinton administration.
The veterans say
the policy violates their constitutional rights to
privacy, free speech, and equal protection. The
Servicemembers Legal Defense Network appealed
O'Toole's ruling on their behalf. The former service
members are seeking reinstatement in the armed forces.
''Don't ask,
don't tell'' has been upheld by appeals courts in several
other jurisdictions but has never been ruled on by the first
circuit. (Denise Lavoie, AP)
