A gay rights group wants a federal court in Idaho to block the U.S. Air Force from discharging a Mountain Home aviator under the “don’t ask, don’t tell” law that bars openly gay and lesbian military members from service.
Servicemembers Legal Defense Network filed its lawsuit Wednesday in federal court in Boise, asking for a temporary restraining order to stop the Air Force from discharging Lt. Col. Victor Fehrenbach until a full hearing can be scheduled. It also wants the law declared unconstitutional.
Fehrenbach, a 19-year military member who has been decorated for his combat valor in Iraq, disclosed he was gay in 2008 as he defended himself against allegations investigated by the Boise Police Department that he raped another man. Fehrenbach said he had sex with the man, but it was consensual.
He was cleared of the rape allegations, including by the Air Force Office of Special Investigations, which found them to be without merit, according to court documents filed Wednesday.
But he still faces ouster from the military.
Servicemembers Legal Defense Network indicated it filed its lawsuit because it believes Fehrenbach’s discharge is imminent, following the recent review of his case by officials on the Air Force Personnel Board.
For two years now, Fehrenbach said he has been stuck at a desk, rather than being allowed to deploy as a weapons systems officer in an F-15E jet to combat theaters in Iraq or Afghanistan.
The “don’t ask, don’t tell” policy prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered to be engaging in homosexual activity.
The U.S. House of Representatives voted May 27 for repeal, and the Senate is expected to take up the issue this summer.
Fehrenbach is stationed at Mountain Home Air Force Base, where he is assistant director of operations for the 366th Operations Support Squadron. (AP, Idaho Statesman)
