Jene Newsome played by the rules as an Air Force sergeant: She never told anyone in the military she was a lesbian.
The 28-year-old's honorable discharge under the "don't ask, don't tell" policy came only after police officers in Rapid City, S.D., saw an
Iowa marriage certificate in her home and told the nearby Ellsworth Air Force
Base.
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.
"I
played by 'don't ask, don't tell,'" Newsome told The Associated Press
by telephone." 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."
The "don't ask, don't tell" policy has come under renewed debate after Defense Secretary Robert Gates called for a sweeping internal study on
the law earlier this year.
As the review is under way, officials
were also expected to suggest ways to relax enforcement that may include
minimizing cases of third-party outings. In particular, Gates has
suggested that the military might not have to expel someone whose sexual
orientation was revealed by a third party out of vindictiveness or
suspect motives.
The Rapid City Police Department says Newsome,
an aircraft armament system craftsman who spent nine years in the Air
Force, was not cooperative when they showed up at her home in November
with an arrest warrant for her partner, who was wanted on theft charges
in Fairbanks, Alaska.
Newsome was at work at the base at the time
and refused to immediately come home and assist the officers in finding
her partner, whom she married in Iowa - where gay marriage is legal -
in October.
Police officers, who said they spotted the marriage
license on the kitchen table through a window of Newsome's home, alerted
the base, police Chief Steve Allender said in a statement sent to the
AP. The license was relevant to the investigation because it showed both
the relationship and residency of the two women, he said.
"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."
He said his department does not seek to
expose gay military personnel or investigate the sexuality of Rapid City
residents.
Allender said the department was finishing its
internal investigation and has determined the officers acted
appropriately. They have not been placed on leave during the
investigation.
Newsome's partner is currently out on bail on one
felony and three misdemeanor counts of theft stemming from an incident
last year, court officials in Fairbanks said. More information was not
immediately available, and Newsome said she didn't know the status of
the case and didn't provide more details about it.
In the
complaint filed last month with the department, ACLU South Dakota said
police had no legal reason to tell the military Newsome was a lesbian
and that officers knew if they did, it would jeopardize her military
career.
Newsome, who was discharged in January, said she didn't know where the marriage license was in her home when police came to her house on Nov.
20 and claims the officers were retaliating because she wouldn't help
with her partner's arrest.
"This information was intentionally
turned over because of 'don't ask, don't tell' and to out Jene so that
she would lose her military status," said Robert Doody, executive
director of ACLU South Dakota. The ACLU is focusing its complaint on the
police department, not the military, and Newsome said she and her
attorney have not yet decided on whether to file a lawsuit.
"The
'don't ask, don't tell' piece is important and critical to this, but
also it's a police misconduct case," Doody said.
A U.S. Air Force
spokesman, Senior Airman Adam Grant, said Ellsworth follows all laws
set out by Congress and the Defense Department, and he would not comment
specifically on Newsome's discharge, citing privacy policy.
More
than 13,500 service members have been discharged under the law since
1994, according to the Servicemembers Legal Defense Network, which is
lobbying for its repeal. Kevin Nix, communications director of the
Washington, D.C.-based nonprofit, couldn't speak about Newsome's case,
but said when "someone is outed by a third party, which it sounds like
this was, or by a police officer, then, yeah ... I'm not surprised the
person was discharged."
Though rare, third-party outing can be
especially damaging to service members who wanted to keep their sexual
orientation hidden, experts say. Even though 80 percent of "don't
ask, don't tell" discharges come from gay and lesbian service members
who out themselves, third-party outings are "some of the most heinous
instances of 'don't, ask, don't tell,'" said Nathaniel Frank, a research
fellow with the Palm Center think tank at the University of California,
Santa Barbara and a New York University professor.
Newsome, who
is originally from Harrisburg, Pa., is currently on the road, driving to
Alaska. She said she'd been looking forward to the time when the
military would alter its policies regarding gays and lesbians. But that
change didn't come in time to save her career.
"I felt like it
was getting close," she said. "I was really hopeful."
