Date: Fri, 13 Dec 1996 07:07:03 -0500 (EST) From: A Jay Eddy Subject: Navy Settles Witch Hunt Case (fwd) AmFedVets Congratulates Release P.O. Box 1281 Ft.Lauderdale, Fl 33302 Karlclark@aol.com "We Are One" THE AMERICAN FEDERATION OF VETERANS "An Alliance for Equality of Rights" AmFedVets was very please with the reports coming in on the efforts to sustain equality of rights for men and women, regardless of sexual orientation, within the U.S. Military. Although the struggle is not over, a variety of battles have been won and will be won, we must have faith, commitment, and belief in our system even though some would suggest otherwise. Because of the cooperative efforts of so many and the continued work of organizations like SLDN, ACLU, GLBVA, AmFedVets, etc. there is hope for others yet to come. That hope will remain steadfast as long as we meet on common ground and work in unity for "Liberty and Justice for all." ---------- Forwarded message ---------- Date: Thu, 12 Dec 1996 19:44:48 -0500 From:SLDN1@aol.com Subject: Navy Settles Witch Hunt Case PRESS RELEASE For Immediate Release Contact: Kirk Childress (202) 328-3244 Navy Compensates Victim of Anti-Lesbian Witch Hunt December 12, 1996 Washington, D.C. - In an historic move, the Department of Justice and the U.S. Navy have settled a lawsuit brought by former Seaman Amy L. Barnes rather than defend the Navy against claims of an illegal witch hunt. Ms. Barnes sued the Navy earlier this year for wrongfully discharging her from the service and violating her constitutional rights. Judge Emmet Sullivan of the Federal District Court for the District of Columbia had been scheduled to hear motions in the case in October. The government fulfilled its obligations under the terms of the settlement today. "This is a victory, not just for Amy Barnes, but for all servicemembers jeopardized by the military's anti-gay policy and the witch hunts that result from it," said Kirk Childress, Staff Attorney of Servicemembers Legal Defense Network. "This is the first time the military has been sued based on violations of the current policy's prohibition of witch hunts," Childress continued. "By bringing the Navy to settlement, Amy has helped make it less likely commanders will be permitted to wrongfully pursue individuals based on unfounded rumor and innuendo." In the settlement, the Navy agreed to pay Ms. Barnes an amount roughly equivalent to the G.I. Bill educational benefits to which she would have been entitled had she been allowed to complete her enlistment term. The Navy also issued Barnes a new discharge form from which all references to "homosexual conduct," the original alleged basis of her discharge, have been removed. Barnes was discharged following a witch hunt of women accused as lesbian aboard the USS Simon Lake, a nuclear submarine tender, in the fall of 1995. In pre-trial pleadings, the Navy argued that the "Don't Ask, Don't Tell, Don't Pursue" regulations do not create any substantive or procedural rights and, therefore, servicemembers may lawfully be discharged, even if they are victims of illegal investigations. Rumors accusing Barnes of being gay surfaced in November 1995 shortly after she reported the unwanted sexual advances of a male superior. The investigation of those rumors resulted in the interrogation of more than a dozen women in the hunt for suspected lesbiansand the discharge of at least two of those targeted. According to one of Barnes' military attorneys, up to 60 women were targeted during the course of the investigation. Court documents filed by Ms. Barnes'attorneys also reveal that at least one woman was interrogated for more than six hours and two women were threatened with jail if they did not accuse Barnes and other women as lesbian. The USS Simon Lake is commanded by Captain Eugene Wilson and was ported in Sardinia, Italy at the time of the improper investigation. The Navy Inspector General iscurrently investigating the actions of Captain Wilson and other personnel in conducting the original investigation of Barnes and the other women. SLDN requested this inquiry on behalf of Amy Barnes and her family. A report from the Inspector General is expected soon. "I joined the Navy to serve my country and for the opportunities offered; now at least I will be able to pursue the education that was promised to me," said Amy Barnes. "Ihope that my decision to fight back will deter future witch hunts, so that one else has to go through the ordeal that I faced." Ms. Barnes' attorneys, Ms. Laura Jehl and Mr. David Deitch of the Washington, D.C. firm of Covington & Burling, were honored by SLDN, along with colleagues from theirfirm, for their pro bono work on behalf of Ms. Barnes and other servicemembers hurt by the "Don't Ask,Don't Tell, Don't Pursue" policy at SLDN's Fourth Annual "End the Witch Hunts" Reception on October 28,1996 in Washington, D.C.