Former Navy lieutenant Jen Kopfstein, one of 12 plaintiffs seeking armed forces reinstatement as part of Servicemembers Legal Defense Network’s (SLDN) lawsuit against the U.S. military’s “Don’t Ask, Don’t Tell” policy, is the keynote speaker at an SLDN fundraiser taking place Saturday, Jan. 15, in Palm Springs. The brunch will also commemorate the 30th anniversary of the end of the Vietnam War, with Colonel Robert V. Barnes, a decorated Vietnam veteran and member of SLDN’s board of directors, Michael Ruvo, the Honorable Steven Lachs and the National Gay Pilots Association featured.

A graduate of the U.S. Naval Academy, Kopfstein served for two years as an open lesbian in the military before being discharged, SLDN said. During her discharge proceedings, both of her captains testified on her behalf that they knew Kopfstein was a lesbian, but that she should remain in the Navy because she was an excellent officer.

“For the most part, the people that I served with were very supportive of me and of my presence in the military,” Kopfstein told the Gay & Lesbian Times.

One other plaintiff in SLDN’s lawsuit, Cook v. Rumsfeld, served in the Navy, five served in the Army, four in the Air Force and one in the Coast Guard. Five of the plaintiffs were discharged after they answered truthfully when asked about their sexual orientation by commanders or investigators.

SLDN’s lawsuit, filed Dec. 6 in Boston, asserts that there is no credible evidence that gay, lesbian and bisexual service members hurt military effectiveness. It estimates that 65,000 gay, lesbian and bisexual service members are active in the armed forces and that 1 million veterans are gay, lesbian or bisexual.

“The so-called ‘Don’t Ask, Don’t Tell’ statute declares that gay, lesbian and bisexual service members would pose an unacceptable risk to military morale, good order, discipline, and unit cohesion,” the lawsuit states. “But nearly eleven years of experience under ‘Don’t Ask, Don’t Tell’ … [belies] any suggestion that gay, lesbian or bisexual service members pose any such risks. …

“‘Don’t Ask, Don’t Tell’ lacks any rational, important, or compelling basis, and serves no legitimate government or military interest. … No credible authority establishes that those service members are less capable, less honorable, or less deserving of respect than their heterosexual colleagues.”

The suit alleges that “Don’t Ask, Don’t Tell” violates the plaintiffs’ constitutional rights to free speech, due process, equal protection and privacy, Steve Ralls, director of communications for SLDN, told the Gay & Lesbian Times. “The plaintiffs are not asking for any monetary compensation,” he said. “They are not even asking for consideration for any promotions or pay increases that they may have received had they remained in the service – they simply want to go back to the position at the pay rate they were at, at the time of their discharge.”

The Department of Defense has 60 days from the date SLDN filed the suit to submit its response to the Boston court. At that point, the court will make a decision on how to proceed with the lawsuit, but it’s hard to say exactly when that will be, Ralls said. The absolute earliest time would be around the end of the year or the beginning of 2006, he said.

According to SLDN, the Pentagon fires an average of two to three people every day for being gay, lesbian or bisexual.

“I’m very proud to be able to participate in the lawsuit, because there are about 65,000 people serving on active duty in the military who can’t speak up for themselves because they aren’t allowed to,” Kopfstein said. “They have to be silent.”

If the lawsuit is successful, it could signal the end of the “Don’t Ask, Don’t Tell” policy. However, whichever side loses the case in District Court will most likely appeal, moving the case through the upper courts and eventually to the Supreme Court, Ralls said.

Kathie Westcott, an SLDN lawyer involved with the suit, said the plaintiffs are focusing more on their reinstatement than on the larger implications the suit will have on the policy itself.

“It would be a wonderful result,” if the outcome of the suit signaled the policy’s demise, Kopfstein added.

Defendants named in the suit include Secretary of Defense Donald Rumsfeld, acting Secretary of Homeland Security Tom Ridge and the United States of America, because the lawsuit challenges an act of Congress.

Polls conducted by the University of Pennsylvania’s National Annenberg Election Survey reported 50 percent of junior enlisted service members say that gays, lesbians and bisexuals should be allowed to serve openly in the military. Among civilians, the poll showed 67 percent in favor of gays, lesbians and bisexuals to serve openly.

“I think the military is a cross section of the country,” Kopfstein said, “so there are people that are very accepting and there are people that are not accepting at all. It’s a little bit luck of the draw when you go to a command, because it might be a command with a good climate or it might be a command with a very negative climate. I believe they both exist.”

Since the 1993 inception of “Don’t Ask, Don’t Tell”, an attempt at compromise between then-President Clinton and Congress to allow gays, lesbians and bisexuals to serve in the military without having to lie about their sexual orientation on recruit application forms, SLDN has answered over 6,000 calls for assistance from service members.

The Jan. 15 brunch takes place from 12:00 noon to 3:00 p.m. at a private residence located at 1450 Amelia Way. Admission is $100 per person. Call (202) 328-3244 ext. 105 to RSVP.