Living in this heavily military region, I run into service members frequently - i.e., several times a week or more - who live with the cloud of DADT hanging over their head. With even 56% of Republicans supporting repeal of DADT, one has to wonder WTF is wrong with our "fierce advocate" in the White House and Congressional Democrats. Why the fear of repealing a bad policy that up to 77% of Democrats support? Is it really that important to give Elaine Donnelly and similar religious extremists an orgasm every time a highly qualified LGBT service member is discharged? For many in this area, the failure to repeal DADT is a daily reminder of Obama's many broken promises and his utter lack of any real leadership on this issue - indeed, on most issues. With Dan Choi recently discharged, Victor Fehrenbach has filed a lawsuit seeking to enjoin his discharge. The false accusation made against him to ruin his career is sadly all too typical of the reality under DADT. I have had clients who suffered similar false allegations levied against them simply to destroy their careers. The New York Times has coverage on the development. Here are some highlights:*
In early 2008, just eight days before he was to deploy in support of the war in Afghanistan, Lt. Col. Victor Fehrenbach, a decorated Air Force flight officer, was told he was under investigation on charges of sexually assaulting a civilian and of violating the military’s ban on homosexuality.
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Within three weeks, the sexual assault allegation was dismissed for lack of evidence. But the Air Force investigation into his sexuality continued. Now, just a year from completing his 20th year in the military, Colonel Fehrenbach, 40, believes he is about to be discharged under the policy known as “don’t ask, don’t tell.” He would be among the highest-ranking service members discharged under the policy.
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On Wednesday, Colonel Fehrenbach’s lawyers filed papers in Idaho federal court requesting a temporary order blocking his discharge. The petition contends that a discharge would violate Colonel Fehrenbach’s rights, cause him irreparable harm and fail to meet standards established in a 2008 federal court ruling on don’t ask, don’t tell.
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For advocates of abolishing the ban against gay men, lesbians and bisexuals serving openly, Colonel Fehrenbach’s case has become something of a line in the sand.
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Lawyers for Colonel Fehrenbach assert that his case is among the most egregious applications of the policy in their experience. The Air Force investigation into his sexuality began with a complaint from a civilian that was eventually dismissed by the Idaho police and the local prosecutor as unfounded, according to court papers. Colonel Fehrenbach has never publicly said that he is gay.
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His lawyers also assert that his case underscores the ways the ban hurts military readiness, the very thing it is supposed to protect. They say that Colonel Fehrenbach’s performance reviews were consistently glowing, including his most recent one, which says he was a “proven leader” who “raised morale” in his unit, according to papers filed by his lawyers.
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“The evidence is that he is a benefit to the Air Force and to his unit,” said M. Andrew Woodmansee, a San Diego-based lawyer who is serving as co-counsel for Colonel Fehrenbach, along with the Servicemembers Legal Defense Network, a nonprofit group representing gays in the military.
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Colonel Fehrenbach’s case rests heavily on a 2008 ruling by the United States Court of Appeals for the Ninth Circuit in which the court ruled that an Air Force major had been improperly discharged. The ruling in the case, Witt vs. Department of the Air Force, said that discharging service members for their sexuality was unconstitutional unless the government showed the discharge was necessary to significantly further an important government interest. The Witt ruling applies only to cases in the Ninth Circuit, which includes Idaho.
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This entire situation of unrelenting witch hunts for gays makes me furious and frankly I am beginning to believe that electing Hillary Clinton would have been the better course of action. She once stated that Obama wasn't strong enough to be president, and time has proved her accurate. Obama is no leader and he seems be doing his best to utterly demoralize the Democratic Party base on a daily basis. I'd like to see Hillary challenge Obama for the nomination in 2012. We need a leader, not a follower.
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