U.S. Newswire - Vietnam Veteran Files Constitutional Challenge to 'Don't Ask, Don't Tell' and Federal Sodomy Statute

Steve Loomis, Purple Heart recipient and Vietnam combat veteran, is seeking to end the Army's "Don't Ask Don't Tell" policy with a lawsuit. Good for him, but the most galling part of the story is near the end.

The Army discharged LTC Loomis, a former engineer war plans officer, for being gay eight days prior to his twenty year retirement date. As a result, LTC Loomis forfeited his retirement pension worth an estimated one million dollars. Each of the Army officers sitting on the discharge board that determined LTC Loomis' fate called homosexuality "a sickness" or said they had "no tolerance" for homosexuality. Efforts to remove those officers from the discharge board for bias failed.

The Army based its discharge on a videotape seized during an arson investigation. An arsonist set fire to LTC Loomis' home in 1996. Civilian authorities investigating the arson found the videotape, which depicts LTC Loomis in private adult consensual sexual conduct, and handed it over to Army officials. The Army used the videotape as the basis for discharge, ending the decorated veteran's distinguished career. The Army provided LTC Loomis no assistance in responding to the tragedy of losing his home or possessions.

First of all they kicked him out 8 days prior to his retirement. Lie about your service record or allow your troops to rape their female counterparts and you're quietly given your retirement. Have an arsonist burn most of your house down, and civilian authorities will turn over a tape they find to the Army cops? That's disgusting! First of all what were "civilian authorites" doing viewing a videotape found at the scene of the fire? Did they think the arsonist filmed himself and left the tape? Second they had no right to turn over the tape to military authorities. I'd be suing the hell out of said civilian authorities. Third after receiving the tape, isn't the military "asking" about his sexuality by viewing it? Were they not at that point conducting an investigation (investigation is inquiry, inquiry requires questions, for if you had the answer why would you be inquiring) into Loomis' sexuality?

Also its nice to see that conflict of interest is not a problem in military courts. I can see the ad now "Haven't joined the 21st (or even 20th) century yet? Do you think, despite the mountain of scientific evidence to the contrary, that homosexuality is a sickness? Do you have 'no tolerance' for 10% of the population? Well Uncle Sam has a job for you!" Perhaps we'll let fundementalist Christians who think all Muslims will and should burn in hell run the military tribunals on Guantanamo Bay.

Good luck LTC Loomis. Go be a hero... again.