In the United States, you’ve got folks like Joseph Rocha, forced out of the Navy after endless harassment and torture from fellow sailors. Then there’s Victor Fehrenbach, kicked out of the Air Force under Don’t Ask Don’t Tell because he had the audacity to defend himself against rape charges. Both terrible situations. Now meet Private Bethany Smith, a lesbian soldier who fled to Canada and is seeking refugee asylum, because of the harassment and death threats she received in the Army. And she’s using Don’t Ask Don’t Tell as her defense. Incredible.
Smith, also known as Skyler James, had been stationed Fort Campbell, Ky., where she was treated as “less than human” by comrades, she says, after they saw her holding hands with another woman at a local mall. Then, the torment came:
One soldier who worked with her on the base’s fleet of vehicles would pick her up, shake her and throw her to the ground on a daily basis, she told CBC News.
“There were sergeants standing around laughing with him,” she added.
She also received anonymous hate mail at her door every night, she said, including one letter that warned: “We will suffocate you in your sleep.”
Smith later learned that a gay soldier had been beaten to death in his bed with a baseball bat at the Fort Campbell base in 1999.
So Smith (now 21) came out, and requested a discharge from her sergeant — normally standard procedure, given the stories like Dan Choi’s. Except Smith (age 19 at the time) wasn’t granted one; her lawyer says the military violated its own policies because of the need to keep troop levels high. Due to deploy for Afghanistan to work as a mechanic (her sergeant said they’d take care of the paperwork when they got back), Smith went AWOL, driving to the Canadian border and, with the help of The War Resister Support Campaign, resettled in Ottawa.
After being previously rejected for an asylum claim, Smith yesterday went in front of the Federal Court in Ottawa to persuade them to grant a judicial review. She remains positive about the outcome; while other American soldiers have been denied refugee status, those claims hinged upon opposition to the war, not sexuality.
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But Canada’s own counsel is fighting to boot her:
Federal lawyer Brian Harvey urged the court to reject Smith’s claim, saying that it is not the job of the Canadian courts to interfere with American military justice and its treatment of deserters.
“There’s no evidence that she faces tougher sentencing treatment because of her sexual orientation,” said Harvey, who added Smith joined the army voluntarily.
Refugee status, Harvey said, should not be granted lightly, simply because Smith faces prosecution in her home country. Furthermore, Harvey questioned why Smith, in seeking a discharge, never told her supervisor about the badgering and the threats she says she endured.
If Smith returns to the U.S., she’s likely got a court martial and prison sentence, for deserting, ahead of her.
A terrible possibility, but one that remains while Barack Obama sits on his ass and refuses to halt Don’t Ask Don’t Tell investigations. And what about Defense Sec. Robert Gates wanting to implement the policy in a more “humane” way?
We can’t imagine any more human a way than apologize to Smith for letting such soldier-on-solider horror pervade our ranks. And then let her leave service, punishment-free. We know: We’re optimists.
But the elimination of DADT doesn’t mean anti-gay harassment will end in the military. That type of discrimination will continue, though a demand from the White House that servicemen and women treat LGBT Americans with respect would go a long way.
Interestingly, without DADT on the books, Smith would have a much less significant refugee claim. If DADT weren’t law, then sure, Smith would’ve endured torment (which we’re pretty sure violates military code), but not any the U.S. government actually sanctions with law.
Chuck
Interesting. I want to emigrate to Canada because: 1) gays are not treated as second class citizens; and 2) healthcare is free. I’d move there without a second thought if I had a job offer there. Wouldn’t it be great if gay North Americans could form some sort of network where all gay people were welcomed from the US and Mexico to Canada on these reasons alone.
I mean, if Texas doesn’t leave the US, then I want to leave because I don’t feel comfortable or safe living in the same nation as Texas. Until we get ENDA, The Matthew Shepherd Act, and legalize Marriage, why should we be forced to live in a country that treats us as second class citizens?
rudy
@Chuck: I predict we’ll get one if not two of those by Christmas.
As far as DADT is concerned, if nothing is done to improve the situation, it may be time to reverse strategy here and advise our gay brothers and sisters to “Don’t Join.”
texan fag
@Chuck: Based on that, I don’t feel comfortable living in the same nation as you…
glen
@Chuck: Canada isn’t the “gay heaven” some folks think, we just tend to be more polite, saying “I’m sorry, I hate you” rather than “I hate you” 🙂 And health care is hardly free – we pay for it with our taxes. Still, while I would rather be here in Canada, I wish the weather was better 🙁
jwalker666
@glen: It may not be a “gay heaven” but at least the laws in Canada are much more progressive than here in the U.S. We have federal laws pretty much banning gay marriage and a discriminatory law forcing people that want to serve their country to stay in the closet. And then there are the states in the US that pretty much say it is ok to discriminate against gay people for jobs, housing, etc. And our healthcare system is a joke, and we have all of these conservatives spreading lies on the reform they are trying to implement. I’d much rather live in Canada, with laws that protect their citizens, and universal health care. Sure, the taxes might be a little more, but depending on where you live here, the taxes are probably just as much for a fraction of the benefits.
Jonathan
@Chuck: I just moved to Canada for University and I’m amazed at the flat out ignorance of my peers at times. Most of these kids have never met a gay person and assume that we all must be exactly like Marco on Degrassi.
Ted B.
Last I heard Canada ia a military ally of the United Staes…send the deserter back in chains.
And Chuck, don’t let the border-gate hit you in the a** on the way out. Two-to-one you’ll be wanting to return within 5-years.
strumpetwindsock
@glen:
I sure don’t mind paying for our health care with taxes. It WOULD piss me off to pay for some insurance company to make a profit off my suffering.
And to relate it to this issue, at least our taxes are only going to support one war (Afghanistan) and not two.
Any way you cut it, it is nice to be able to just walk into a hospital or clinic without having to think about whether I can pay for it or not, or whether it will affect some kind of premium.
And hearing the stories of “death panel” protests and cries of fascism in the states is just ridiculous. Do these people not see how it is done in much of the rest of the world? If Cuba can do it, why not the U.S.?
Anyway, I hope they allow private Smith to stay, but our minority federal government will likely do everything they can to fight that.
There have already been a few deserters who have tried and failed – including one who refused to do a second tour in Iraq after seeing horrible desecration of bodies by his fellow soldiers.
There WAS a long tradition of welcoming war resisters here that goes further back than Vietnam (Anarchist Mountain in B.C. is apparently named after a first world war resister who moved there) but that has changed with our current administration.
@Jonathan:
You might be running into more ignorance on campus because of all the students coming in from out-of-town.
Cam
Hey, Sorry U.S. Military, but the swoard cuts both ways. If you have Don’t Ask Don’t Tell, you don’t get to only use it sometimes. Either get rid of it, or enforce it, but you don’t get to pick and choose when you feel like kicking out “The Gays”. This right here is a good argument to use for getting rid of that law, they aren’t using it therefore it’s enforcement is arbitrary and capricious.
strumpetwindsock
@Ted B.:
An ally yes, but not in all ventures. We did turn Bush down when it came to that little escapade in Iraq. Same thing with Cuba.
And that policy goes both ways, of course. Both world wars had been underway for several years before the U.S. stepped in.
Rick
@Ted B.:
Why all the hate you fucking douchebag?
ousslander
If she has proof than the harassers should be punished. Other wise court martial her and a jail sentence. If anything she probably just get a dishonourable discharge.
Since this has morphed into a health care debate, isn’t the Canadian health care system just about to go broke?
Rick
Queerty, please get your abbrevaiations for military rank correct.
Pte is the United Kingdom’s abbreviation for private: http://en.wikipedia.org/wiki/Private_(rank)#United_Kingdom
Pvt is used here in the States: http://en.wikipedia.org/wiki/Private_(rank)#United_States
Mwah!
Rick
Damn, I can’t spell today.
Steve
It’s very diffucult to obtain proof of harrassment when all of the ‘witnesses’ are in on the ‘joke’.
Ted B. you are nothing but an ignorant boob. Don’t come back here ’til you get some education/insight on LGBT issues.
Talk to an actual gay or lesbian person about the kinds of harassment and ‘tolerance’ we are subject to on a regular basis. Only then will you begin to understand this woman’s position.
strumpetwindsock
@ousslander:
Don’t think so.
Obviously we are under the same stresses as most developed countries given our aging population.
But there are a lot of for-profit groups lobbying to make our system go down, so obviously they can smell that there is money to be made, but universal healthcare isn’t going away anytime soon, in my opinion.
And I personally don’t have any horror stories, although my extended family has had to deal with open heart surgery, encephalitis and several eye surgeries in the last year. And yeah, I do know there are some horror stories to be found, just like in every system.
Plus it’s not one system – it’s 13. It is administered by the provinces and territories, with federal tax money paying part of the bill.
But sorry for letting this get off-topic. With your president’s speech coming up tonight it wasn’t an issue I wanted to let pass without at least commenting.
strumpetwindsock
@Steve:
If it’s a refugee case she doesn’t need to haul witnesses up here to make her case. She just has to convince the tribunal that she’s legit, and with sexual orientation protection enshrined in our charter, she might be able to do it. Maybe not, though.
Thom
@jwalker666:
Then go, there is nothing I hate more than people bitching about things without having the slightest care in the world of them changing. Just run to Canada instead of trying to change the things you don’t like about this country. It’ll be a much better country without you spineless types anyway.
Bill Perdue
Smith is doing what she has to do to save herself and maybe save her life. Good for her. She deserves our full support. I hope they grant her asylum and adopt an open door policy for all the other refugees from Bill Clinton’s DADT and Obama’s stop-loss program.
Queerty, if you would, please let us know where we can send letters of support to Smith and her lawyers and to Canadian officials deciding the case.
The solution for Smith and Rocha and all the other GLBT folks in the military (aside from being smart and not enlisting in the first place) and for all the GI’s in harms way to make money for Exxon-Mobil and Haliburton is to support the antiwar movement, particularly the GI antiwar movement.
Iraq Veterans Against the War is an organization of active duty service people and veterans opposed to the invasions and occupations of Iraq and Afghanistan.
http://www.ivaw.org
.
[img]http://www.deviantart.com/download/82591661/Iraq_Veterans_Against_the_War_by_Latuff2.jpg[/img]
sal(the original)
i like the comments here..oh and the person who said some Canadians think gay people are like that kid on Degrassi,i dont think thats bad ,where i live they think we are all murderers and literal pure evil capable of no good
strumpetwindsock
@Bill Perdue:
These are the people you probably want to get ahold of for contact info on her case:
http://www.resisters.ca/
They’ll tell you where to send letters – probably cc’d to the Prime Ministers’ Office, the Minister of Foreign Affairs, and the
Liberal and NDP foreign affairs critics.
From what I could dig up Smith is now going by the name Skylar Jones. Her lawyer is Jamie Liew.
http://www.nationalpost.com/story.html?id=1972758
Since she was already refused refugee status and has filed a lawsuit which is before the courts the next step is up to a judge, not any government official. But if that fails her final chance would be a stay from the Minister of Foreign Affairs (not likely) or find sanctuary in a church, which some people who have been denied refugee status have done here.
As you will see from that site, many U.S, resisters wind up going home to face the music, unfortunately.
Chuck
@texan fag:
Excellent. I support your right for Texas to leave the United States like your governor wants to. Why not have one more third world nation to the south of the US.
Chuck
thank you Rick
Chuck
@Ted B.:
Wrong. Actually Canada should follow through on their own laws and arrest George W. Bush for war crimes. If he were (rightly in chains, we’d all be better off.) Oh and while you’re at it, bring Cheney to Vermont, where he is wanted on war crimes.
Comrade
I love how you all take this girls accusations at face value. You know, because gay people never lie. They would never do anything like that…
The only thing for certain at this time is that she deserted from the US military during a time of war. She toke an oath, and she broke that oath.
strumpetwindsock
@Comrade:
There are more than enough broken oaths to go around in that war from what I hear… from the lies told by some recruiters, to your stop-loss policy, to the whole WMD lie they used to start that thing in the first place.
Or how about your former president’s oaths to uphold the constitution while instituting policies of torture, rendition, non-judicial tribunals and concentration camps?
Like it or not, there are laws and conventions limiting what can be done to people, and it’s up to a judge to decide if that line has been crossed here.
strumpetwindsock
@Comrade:
…plus that “only following orders” excuse only gets you so far, as many soldiers have found out already.
Comrade
@strumpetwindsock:
You must be hearing the wrong things. Let’s go down the list here…
Recruiters – Regardless of what your recruiter tells you, your enlistment contract is clarified at MEPS. You will be asked if you feel your recruiter lied to you, and you will sign a document confirming that you do not.
This also leads into Stop-loss policy. Everyone who enlists in the U.S. Armed Forces does so for 8 years. The time spent in active duty is variable, and is also stated on the contract. That contract also has a stipulation that you can and will be called back to or have your active duty service extended.
The Iraq Resolution was not instituted by the U.S. Armed Forces. It was authorized and enacted by democratically elected civilian officials of the U.S. government. The U.S. military wages war, it does not declare it.
We are not talking about the former President’s oath. This article is about a volunteer in the U.S. military who signed a number of contracts (including one detailing DADT), took a number of Oaths, and all of a sudden became outwardly gay just as she was due to deploy.
I’m not sure how “only following orders” came into this, but your duty as a member of the U.S. military is to follow all lawful orders given to you. Deploying to Afghanistan is a lawful order. She disobeyed a direct order, and deserted.
strumpetwindsock
@Comrade:
It didn’t take me very long to find these:
http://www.alternet.org/world/62945/
Yeah, of course they’re going to get a soldier to sign a paper saying s/he wasn’t lied to. They make it stick better that way. I don’t expect many of them actually bring lawyers along to find out if that was actually the case.
http: //www.cbsnews.com/stories/2006/08/19/national/main1913849.shtml
http: //www.afterdowningstreet.org/node/42939
http: //dangoldstein.blogspot.com/2006/07/suzanne-swift-sexual-abuse-in-military.html
Some (broken) links to stories about cases of sexual abuse in the military. Seems to me a soldier should expect attack from the enemy, not her allies.
And regarding my “only following orders” comment, Glad you agree that “lawful” is the operative word. In a situation where illegal activity is taking place someone can refuse to take part. It seems to me that should apply not just to perpetrators, but also to victims getting themselves out of harm’s way, no?
Security of the person is a human right. If the military can’t protect its soldiers from each other that seems a pretty clear breach of contract.
Basically the question before this judge is whether she broke her oath, or whether the military broke it.
I know the “illegal war” argument isn’t going to wash in court, and that it applies more in the case of Iraq (she was being sent to Afghanistan) but in spirit it does apply, and it certainly was the breaking point for many resisters.
How far do you expect anyone to keep his or her word when the military is not dealing in good faith, and the premise of the entire action is based on a lie?
And your president isn’t your commander in chief?
If you want to blame it on the government then the Joint Chiefs of Staff are just as guilty for accepting those illegal policies.
Jason
When I was in the Army, there were a few gay people in my unit and no one really cared. The “dont ask, dont tell” seems to be used whenever it suits people(like when a deployment comes up).
We have an all volunteer Army and every Soldier is told about “Dont ask, Dont tell” when they enter. There are also a fully operational equal opportunity program in the U.S. Military.
If she really wanted to serve and fulfill her commitment(as she swore an oath to do), I am sure her chain of commmand would not have much problem with that. The Military is not full of bigots.
Problems arise when you have people take oaths, make a steady paycheck funded by taxpayer money, then get cold feet and pull the gay card the first time they are called to serve. It is also a big slap in the face to the Soldiers that have trained with them.
I cant wait for the “Im gay” buyout claus to be removed.
kelly
I find it funny how this young lady only began to complain about harassment after receiving word her unit was being deployed. It had been going on for quite a while, by her own admission she had saved the “threatening notes” (which no one else seems to have seen), but it became an issue after the deployment order. I’m calling bullshit.
Openly gay Soldiers exist. I’m one. Several people in my unit and in other units I’ve been in are too. However, we know that we walk a fine line. We have handed the military another method of getting rid of us if we do the wrong thing. As long as we stay on the right course, odds are in our favor. But we don’t abuse our leadership’s intentional oversight of DADT by using it to our advantage.
This child wants to use the rules to her advantage without any of the consequences. I feel she should be held to the full standard of punishment rather than just discharge. Confinement, extra duty, loss in pay, possible court martial for for breaking the laws of the UCMJ. Don’t play the game if you aren’t ready to lose.
tylerb
This person should be brought back to the United States and prosecuted as a deserter and coward. She doesn’t want to conform to military life (I’ve been out for a few years, but last time I checked AR 670-1 did not allow for facial piercings) and she’s afraid of war. The fact that she is trying to hide behind her homosexuality only makes it worse. I spent 8 years in the US Army and the anti-gay sentiment is just not there. Even 10 years ago it wasn’t. As cliche as it sounds, we love our brothers and sisters regardless of their race, creed, sex, or sexual orientation. And even the few ignorant, backwoods rejects who still target homosexuals target gay males, not lesbians. Being a lesbian made you pretty popular in my day. It’s people like this that damage the plight of any group that has had to work and fight for equal rights and escape real persecution.
Mr L
If she had not appealed for conscientious objector status and had instead sought asylum based on persecution I would support this. No volunteer in any military has a right to claim CO status.
Bill Perdue
No. 33 • Mr L – if that’s true it makes it all the more important that we give her our unqualified support. http://www.objector.org/The_Draft.html
No. 32 • tylerb is not a coward. It takes a lot of… whatever to publically support the murder of Iraqi and Afghan civilians in wars to create more profits for Haliburton and Chevron Texaco.
tylerb tell us that ‘This person should be brought back to the United States and prosecuted as a deserter and coward’. And maybe murdered by the military, but tylerb doesn’t want us to think about that.
Actually the only cowards in these interminable and unwinnable wars are the executives of the oil corporations and giants of the military industrial complex who sacrifice the lives of civilians and GIs to their gawd Profit. No, that’s not right. Actually their lap dogs in the WH, congress and rightwing scum who run the Pentagon and the CIA are cowards too. Like Cheney and Bush and all the other chicken hawks they don’t fight and their spawn don’t fight.
The US military brass, the CIA torturers, the Blackwater mercenary scum and all the rest of them are going to be sent packing. They ran earlier from Vietnam, tails between their legs. There, the combination of intransigent resistance by patriots and insurgents, the growth of the civilian antiwar movement and the explosive growth of the GI antiwar movement presented the empire builders with utter and humiliating defeat. It’ll happen in Iraq and Afghanistan too.
strumpetwindsock
The court just ruled in her favour and ordered a new refugee hearing. This doesn’t mean she won’t be rejected again, but she will get a hearing with a new adjudicator.
In particular the judge criticized the fact that her adjudicator thought the murder of another gay soldier on the same base was not relevant to her case.