Discharged 5 Days Before Retirement

WASHINGTON, DC -- The U.S. Federal Court of Claims will hear arguments on Sept. 7 in the case of former Army Lieutenant Colonel Steve Loomis, who was discharged under the military's 'Don't Ask, Don't Tell' ban on lesbian, gay and bisexual personnel in 1997.

Former Lieutenant Colonel Loomis lost retirement benefits accrued during his career when he was discharged just five days prior to his eligibility for retirement from the Army. His lawsuit, Loomis v. United States, seeks reinstatement of those benefits and challenges the constitutionality of the military's gay ban.

Loomis, a former engineer war plans officer, was 'outed' in the course of a civilian fire investigation following the arson of his off-base home near Fort Hood, Texas. A videotape discovered during the investigation was the basis for his discharge, which resulted in the forfeiture of a pension worth an estimated $1 million. Loomis' lawsuit alleges the investigation of his home and the seizure of the videotape was a violation of Fourth Amendment rights.

The suit also charges the Army violated Loomis' right to a fair and impartial discharge hearing and that his discharge is rendered unconstitutional in light of the Supreme Court's historic decision in Lawrence v. Texas. In Lawrence, the high court found a fundamental right to privacy for lesbian and gay Americans, and struck down state sodomy laws prohibiting consensual, adult relationships.

David Sheldon, a Washington, D.C.-based attorney representing Loomis, and a noted expert on military law, said that "LTC Loomis loss of retirement constitutes a gross miscarriage of justice."

"Qualified and talented men and women continue to be turned away from military service, at a time when our nation needs them most, for no reason other than simple discrimination."

The Loomis lawsuit is one of three currently pending in federal court. The U.S. District Court for the District of Massachusetts recently heard oral arguments in Cook v. Rumsfeld, a constitutional challenge to 'Don't Ask, Don't Tell' filed on behalf of twelve former service members by Servicemembers Legal Defense Network (SLDN). The Federal District Court for the Central District of California is also expected to rule soon on a motion in a challenge brought by Log Cabin Republicans.

"The military's continued enforcement of what we believe is an unconstitutional law has significant costs for our national interests," said C. Dixon Osburn, executive director of SLDN. "Qualified and talented men and women continue to be turned away from military service, at a time when our nation needs them most, for no reason other than simple discrimination. Our freedom is more secure when our military places qualification above sexual orientation."

Since 1993, more than 10,000 service members have been discharged under 'Don't Ask, Don't Tell,' according to Department of Defense figures. Since September 11, gay discharges have fallen more than 40 percent, continuing an historic trend of fewer discharges during times of conflict. Lieutenant Colonel Loomis, who received a Purple Heart, two Bronze Stars and an Air Medal for his service in Vietnam, was awarded his fourth Meritorious Service Medal and was recognized for promotion to full Colonel on the evening his home was destroyed by arson.

"What makes the loss of a decorated war veteran like Steve Loomis even more senseless and tragic is the fact that he is but one of many who have lost careers because of 'Don't Ask, Don't Tell,'" said A.J. Rogue, president of American Veterans for Equal Rights, a national LGBT veterans group. "In turn, our nation is suffering no less of a loss in vital manpower, simply because of sexual orientation. Lieutenant Colonel Loomis' case alone is proof that 'Don't Ask, Don't Tell' doesn't work. Our national security is suffering, not to mention the huge amount of money spent on recruiting and retraining individuals lost to the ban."

For more information on 'Don't Ask, Don't Tell,' visit Servicemembers Legal Defense Network online at http://www.sldn.org.