John wrote earlier about the excellent point made by they Log Cabin Republicans as to why they're still challenging DADT in the courts -- namely, because the next (GOP) president could bring it back.
I can't help but think, as someone who was discharged for being gay before "Don't Ask Don't Tell," that the controversy surrounding whether or not to continue the case has more to do with the fear that discharged service members may claim damages because of their lost careers.
Declaring the law unconstitutional would also provide a legal path for thousands discharged under the policy to seek reinstatement, back pay or other compensation for having their careers cut short or their veteran' benefits withheld, Woods said.It isn't just monetary compensation that some of us lost because we were discriminated against simply for being gay or lesbian, we continue to carry the government's ridiculous and juvenile attempt to shame and injure our reputations on our discharge papers or DD-214's.
"There are collateral consequences of 'don't ask, don't tell" that exist even after the law is repealed," he said.
Representing the government, Justice Department attorney Henry Whitaker countered that the court should not issue a decision based on speculation about what might happen in the future.
Back in February, I previously posted about my DD-214 reading I was honorably discharged, but under reason it states, "Member stated he or she is a homosexual or bisexual." Of course, there is no context to the circumstances surrounding the statement. Imagine handing that DD-214 to a future employer which is exactly what I had to do! It is a miracle I was ever hired after having to come out (in Oklahoma) every time I got called in for a final interview.
If this administration wants to do the right thing regarding civil rights, then they need to allow this law to be declared unconstitutional. And the very least the military can do is fix our records and discharge papers so we don't have to pretend there is something inherently wrong with us.
Many gays and lesbians have proudly served, fought and died since the beginning of this nation defending the U.S. constitution. We've dreamed of the day "Don't Ask Don't Tell" might be declared contrary to the incredible, living document on which our laws are based and rights enshrined. We've shed our blood, with the rest of our American brothers and sisters, to have our equality and civil rights finally observed. We deserve nothing less than full exoneration.
