Gay ex-service members file suit for reinstatement

BOSTON – Twelve gays and lesbians brought suit Friday against the federal government, seeking to overturn the so-called “don’t ask, don’t tell” policy that bars homosexuals from openly serving in the military.

The six men and six women, representing every armed service branch except the Marines, also asked to be reinstated in the military. Each had served in the war on terror, and all were dismissed after they disclosed their sexual orientations to superiors.

The Bush administration asked U.S. District Judge George A. O’Toole Jr. to dismiss the case, known as Cook v. Rumsfeld, arguing that, “Courts should not second-guess congressional judgment.”

O’Toole took no action Friday, and did not indicate when he would decide whether to accept or reject the government’s request.

The “don’t ask, don’t tell” policy, adopted by Congress in 1993, states that military personnel may not inquire about the sexual orientation of service members. But those who acknowledge they are gay or lesbian must be discharged.

Nearly 10,000 members of the military have been dismissed since the policy was introduced.

“You cannot relitigate questions that were reasonably reviewed by the legislative branch,” Assistant U.S. Attorney Mark Quinlivan said. The military’s ban on open homosexuality, he argued, helps to maintain cohesion in military units by “reducing sexual tensions and promoting personal privacy.”

But plaintiffs’ attorney Stuart Delery argued that “don’t ask, don’t tell” violated the veterans’ rights.