Latest “Don’t Ask, Don’t Tell” discharge touted as invasion of privacy

According to the Servicemembers Legal Defense Network, more than 13,500 servicemembers have been discharged under”Don’t Ask, Don’t Tell” since 1994.

Even though more than 80 percent of those discharges have been the result of servicemembers “outing themselves,” those whom have been the victim of third-party actions targeting their sexuality suffer the brunt of the most heinous injustices under “Don’t Ask, Don’t Tell.”

Such is the most recent case involving Sergeant Jene Newsome. Local police officers detected a marriage certificate in Sgt. Newsome’s home and actually reported their findings to the nearby Ellsworth Air Force Base.

Their actions have been the result of sharp criticism and a lawsuit initiated by Sgt. Newsome and the American Civil Liberties Union (ACLU).

Newsome and the American Civil Liberties Union filed a complaint against the western South Dakota police department, claiming the officers violated her privacy when they informed the military about her sexual orientation. The case also highlights concerns over the ability of third parties to “out” service members, especially as the Pentagon has started reviewing the 1993 “don’t ask, don’t tell” law.

The law does not explicitly prohibit gays or lesbians from serving in the military but requires them to serve in silence. If they acknowledge their sexual orientation or engage in a homosexual act, they can be expelled.

“I played by ‘don’t ask, don’t tell [...] I just don’t agree with what the Rapid City police department did. … They violated a lot of internal policies on their end, and I feel like my privacy was violated.” Newsome stated in a recent interview.

According to police reports, officers appeared at Newsome’s home last November with an arrest warrant for her partner, who was wanted on theft charges.

Following Newsome’s refusal to immediately come home from her shift at the base to assist in the search for her partner, the local officers reported spotting their marriage license on a table in their home and immediately reported their findings to the local base.

The investigating officers maintained that the license was important to their investigation because it proved a pre-existing relationship between the two women.

Chief Steve Allender stated his department does not seek to expose gay military personnel or investigate the sexuality of Rapid City residents.

“It’s an emotional issue and it’s unfortunate that Newsome lost her job, but I disagree with the notion that our department might be expected to ignore the license, or not document the license, or withhold it from the Air Force once we did know about it,” Allender said Saturday. “It was a part of the case, part of the report and the Air Force was privileged to the information.”

However, the ACLU’s complaint claims the officers were retaliating against Sgt. Newsome’s refusal to assist in their investigation, and that reporting the marriage license to local military authorities was an invasion of privacy.