Gay veterans sue for reinstatement

December 14, 2010|Associated Press

SAN FRANCISCO — Three military veterans who were discharged under the law that prohibits gays from serving openly in uniform sued the government yesterday to be reinstated and to pressure lawmakers to repeal the “don’t ask, don’t tell’’ law before a new Congress is sworn in.

The lawsuit filed in US District Court in San Francisco also seeks to have the ban on openly gay troops declared unconstitutional and therefore unenforceable for any service members.

“I don’t feel like I’m going up against the military, I really don’t. I just feel like this is a necessary step for doing away with this policy,’’ said Anthony Loverde, a former Air Force staff sergeant. “I believe the military, the majority of troops I’ve served with, and those who have been studied to death are with us.’’

The 31-year-old Loverde is working in Iraq for a private military contractor that is providing the Army with technical support. The lawsuit was also filed on behalf of Michael Almy, 40, a former Air Force major; and Jason Knight, 28, a former Navy petty officer second class.

The legal action came four days after the US Senate for the second time this year blocked a military spending bill that also would have repealed the 17-year-old ban on openly gay troops.

Aubrey Sarvis, director of the Servicemembers Legal Defense Network, said the lawsuit was meant as a warning to lawmakers that if they don’t act to repeal “don’t ask, don’t tell,’’ the courts could step in and order an integration timetable that is less to the Pentagon’s liking.

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