Cook v. Rumsfeld: Boston Court Hears Oral Arguments in ‘Don’t Ask, Don’t Tell’ Court Challenge July 8, 2005
Posted by faithinwes in civil liberties, military.comments closed
BOSTON, July 8 /U.S. Newswire/ — Oral arguments were held this morning in Cook v. Rumsfeld, a constitutional court challenge to ‘Don’t Ask, Don’t Tell’ filed by Servicemembers Legal Defense Network (SLDN) in December. Judge George A. O’Toole, Jr., heard arguments regarding the government’s motion to dismiss the lawsuit filed on behalf of twelve former service members discharged under the military’s gay ban. The plaintiffs are represented by SLDN and the law offices of Wilmer Cutler Pickering Hale and Dorr LLP.
SLDN and the plaintiffs issued the following statements following this morning’s arguments –
Statement of C. Dixon Osburn, Executive Director, SLDN:
“We are here today to honor the one million gay veterans living in the United States, and the 65,000 gay and lesbian service members currently fighting for our freedom so that we can sleep a little bit more safely at night. I want to thank Megan Dresch, one of the plaintiffs in our lawsuit, for joining us here today.
“This morning, the court heard arguments on the government’s motion to dismiss in Cook v. Rumsfeld. We believe it is a strong case that deserves to be heard and we are pleased to have had the opportunity to present our arguments to the court. We believe that ‘Don’t Ask, Don’t Tell’ is an unconstitutional law that harms our military and our national security.
“Americans do not care if the helicopter pilot crossing enemy lines to rescue their wounded son is gay, or if the medic assisting their daughter is a lesbian. They care if we have skilled and able soldiers who will fight terrorism and protect our homeland.
“According to The Boston Globe, 79 percent of Americans now support gays serving openly in the military, up from 52 percent a decade ago. According to the Annenburg Foundation, a majority of junior enlisted personnel now support gays serving openly in the military.
“An increasing number of senior military leaders have also called for repeal, like General Wesley Clark, General Claudia Kennedy, General Pat Foote and Admiral John Hutson. According to United Press International, Army and Marine Corps officials inside the Pentagon have said the services are open to revisiting ‘Don’t Ask, Don’t Tell.’
