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SLDN Salutes DADT Repeal Allies and Plaintiffs

SLDN proudly salutes our "Don't Ask, Don't Tell" repeal allies -- the Log Cabin Republicans -- for bringing this important case, as well as Alex Nicholson, executive director of Servicemembers United, and the unnamed John Doe for stepping forward to be the plaintiffs and challenging our government on DADT. Let us also give a big shout out to four SLDN clients who went out to testify in this long-awaited suit - former Air Force Major Mike Almy, former Navy Lieutenant Junior Grade Jenny Kopfstein, former Air Force Staff Sergeant Anthony Loverde, and former Navy Petty Officer Third Class Joseph Rocha. These four veterans shared their combined 30-plus years of military service to our country under DADT, and let us not forget to add a thank you to SLDN Board Member Tom Carpenter, Marine Captain, Naval Academy graduate, pilot and lawyer, who attended two days of this trial. To all, with much appreciation, we say, well done.

You can read Tom's astute observations on the trial here.

David Hall, former Air Force SSgt.
Danny Hernandez, former Marine Corps LCpl.
Aubrey Sarvis, Army veteran

SLDN’s Tom Carpenter on the Federal DADT Trial

(Editor’s note: Former Marine Captain Tom Carpenter, a longtime Servicemembers Legal Defense Network board member who has posted here about Don’t Ask Don’t Tell before, attended the Log Cabin Republican’s federal constitutional challenge to DADT at the bench trial in US District Court in Riverside, CA. He offers his impressions of the trial from the perspective of a former servicemember, an advocate and a lawyer. – Karen Ocamb)

Eyewitness to History
By Tom Carpenter

I recently attended two days of trial in the Log Cabin Republican case in Riverside. If this were a jury trial, (which it can’t be because the United States is a party), I would say the good guys would win. Judge Phillips is very bright and my impression is that she gets it and is as unimpressed with the government’s case and lawyers as I am. This is definitely not the “A” team. It appears they are merely protecting the record for appeal to eventually reach the Supreme Court. The government isn’t even putting on any witnesses!

This is a classic case of when the facts are bad, argue the law and when the law is bad, argue the facts. They are probably hoping the law will be repealed so that this case is moot. Don’t count on it as the Senate continues to drag its feet.

The White and Case lawyers [representing LCR] have really outgunned the government and they have put on an excellent case.

I saw the end of fellow Naval Academy grad Jenny Kopfstein’s testimony and she brought tears to my eyes.

She was followed by Larry Korb who qualified well, and as a Reagan DOD Assistant Secretary of Defense was very impressive. His testimony was clear that DADT was wrong when it became law in 1993 and has reduced military readiness and retention, as well as unit morale and cohesion. The government didn’t lay a glove on him and he was able to take on the lawyer who was cross examining him. As a trial lawyer, he made me feel sorry for the young lawyer who was clearly out of his league.

Alex Nicholson, the executive director of Servicemembers United and named plaintiff, was next. He was his usual articulate self and very skillfully turned the questions on the government lawyer who was attempting to cross-examine him. The only hit he took was when the government had him admit he was only on active duty for 9 months and never received an Military Occupational Specialty as a linguist or human intelligence gatherer. Not much.

Alex was followed by Dr. Allan Okros, a retired Canadian 0-6 who has worked for the military in uniform or as a civilian for 33 years. He is an expert on personnel issues and was a contemporary of Charlie Moskos, the father of DADT. He testified about the cultural and ethical similarities between the Canadian Forces and the US. He described the lifting of the ban in Canada as a “nonevent.” Based upon that experience, he testified that, with proper leadership, the result would be the same in the US. He is one of the best experts I have seen on gays in the military.

The last witness I saw was Tony Leverde a former USAF SSgt. He testified about what it was like to not hide your sexual orientation at the same time as not violating DADT. He was respected by his peers and subordinates, most of whom knew or suspected he was gay, even though he never admitted it. He was able to testify over objection that his honesty and being himself actually improved his relationship with fellow service members and enhanced unit morale. Didn’t see his cross but from watching the Judges reaction she seemed impressed.

After closing arguments, we should have a written decision in a couple of months. Based upon those portions of the trial I was able to observe, I think it will be a good one.

It is disappointing there has been so little media attention given to this very important case. Also, it would have been good to have had more supporters in the courtroom. It is unclear to me why the community has shown so little interest in supporting this litigation. We owe a debt to the Log Cabins who are paying the costs of this trial, as well as the excellent lawyers at White and Case, who have handled this litigation pro bono.

07-23-10 By Paul DeMiglio, Senior Communications Manager |