The anti-gay military policy known as 'Don't Ask, Don't Tell' ( DADT ) has claimed two more victims: an Arabic linguist serving with the 82nd Airborne Division and a 19-year veteran serving as a nurse in the Air Force Reserve.
Former Sergeant Bleu Copas, 30, a decorated veteran and Arabic linguist was 'outed' by an anonymous e-mail sent to his commander at Fort Bragg, N.C., in August 2005. Copas says he never was open about his sexual orientation while on duty and believes he followed all of the rules of DADT.
His commander did not. Regulations implementing the policy state that an investigation may only be initiated when credible evidence, not anonymous charges, of a soldier's homosexual activity come to light.
Copas claims that the investigating officer asked questions such as, 'Do you work off duty with the local community theater?' and 'Do you know or are you aware of anyone who believes you are homosexual?' Such questions should be precluded under the regulations.
Copas's commanding officer, Lt. Col. James Zellmer, told the New York Times, 'The evidence clearly indicated that Sergeant Copas had engaged in homosexual acts.'
Despite not being able to identify who had sent the initial e-mail, Zellmer said, 'The nature and the volume of the evidence and Sergeant Copas's own sworn statement led me to discharge him.'
The Associated Press reported military investigators as concluding that Copas 'engaged in at least three homosexual relationships, and is dealing with at least two jealous lovers, either of whom could be the anonymous source providing this information.'
Copas says he accepted an honorable discharge in order to end the harassment, avoid possible perjury, and protect his friends.
That brings to 55 the total number of Arabic linguists dismissed from the service under DADT. It prompted conservative pundit Andrew Sullivan to write on his blog, 'We really aren't serious about winning this war [ in Iraq ] , are we?'
Earlier in the month the Navy initiated discharge proceedings against Petty Officer Rhonda Davis for participating in a June 3 rally in support of same-sex marriage in New York City. She told a local radio station covering the rally that she supported same-sex marriage and looked forward to someday marring her partner of three years.
'While heterosexual military personnel can proclaim their love from the San Francisco Bridge to the Brooklyn Bridge without consequence, lesbian or gay service members who do the same are sent packing because their proclamation is about someone of the same gender,' said Sharra E. Greer, director of law and policy for the Servicemembers Legal Defense Network ( SLDN ) .
'As a result, the Navy is now losing the talents and dedication of a ten-year veteran simply because of federally sanctioned homophobia.'
In Spokane, Washington, Air Force Reserve Major Margaret Witt, 42, had her challenge to DADT dismissed in federal court, on July 26. The 19-year veteran and nurse had been suspended without pay since 2004 when an anonymous source charged that she was in a long-term relationship with another woman.
'This court is not unsympathetic to the situation which Major Witt currently finds herself,' wrote federal judge Ronald B. Leighton. 'Within the military context, she did not draw attention to her sexual orientation, and her colleagues value her contribution to their unit and apparently want her back. She has served her country faithfully and with distinction.'
However, citing precedence from other courts, he said the Supreme Court's Lawrence decision, which struck down state sodomy laws, does not apply within the context of the military.
SLDN has appealed the dismissal of their legal challenges to DADT, Cook v. Rumsfeld, to the First Circuit in Boston, said executive director C. Dixon Osburn. They expect to hear on that later this year.
And in Los Angeles, a federal judge accepted the refiling of a challenge by the Log Cabin Republicans after they named plaintiffs in the case. The judge has decided that there will be no oral arguments; he will decide the case based on the briefs filed.