Noteboom The Law Firm

Gay Veterans Sue Over DADT Discharge

December 15, 2010 - The military's Don't Ask Don't Tell (DADT) law has been a hot issue lately given the multiple rulings coming out of federal courts. The U.S. 9th Circuit Court of Appeals stayed a lower court's ruling that the ban was unconstitutional, which would have put an end to sexual orientation being used as a basis for military discharge. The newest challenge to the law comes from 3 veterans, each discharged from the military for being gay. Their lawsuit seeks to have the law declared unconstitutional as well as a full reinstatement for the discharged veterans.

This latest DADT lawsuit is significant in that it sends a message to lawmakers. If the "Don't Ask Don't Tell" law is not repealed, it will continually be challenged in the court system. Since the law's enactment 17 years ago, more than 14,000 soldiers have been discharged due to their sexual orientation.   

Defense Secretary Robert Gates said as recently as last week that he was lobbying Congress to repeal the law. His reasoning for his position was it was better for Congress to repeal the law than to have a series of unpredictable courts make strange rulings. Legislation seeking to repeal DADT was blocked last week. New, different legislation to repeal the ban has been introduced but it is unknown when, or if, it will be considered.

Every plaintiff in this current lawsuit is a decorated veteran. Aside from the issue of their sexual orientation, they are each soldiers that would be considered assets to a military team and despite the way they have been treated by the military, each is seeking full reinstatement to their previous positions so they can continue to serve their country.