Subscribe to Breaking NewsRuby-Sachs: Lesbian U.S. Soldier Seeks Asylum in Canada
I have to admit, I always thought that Don’t Ask Don’t Tell, while a repressive and horrific policy, served as a kind of escape hatch for U.S. soldiers. If you are gay and in the military and they are about to send you out on your third tour in a row to fight a war that is, by all accounts, unwinnable you can come out of the closet. According to military policy, they have to discharge you.
Well, Private Bethany Smith tried that. Specifically, she was outed as a lesbian, harassed extensively and then requested to be discharged under DADT. She was on the verge of being sent to Afghanistan and the military decided to delay her discharge until after her deployment.
So much for the escape hatch.
So Private Smith came to Canada and asked the government to protect her. In the first hearing, her request was denied, but she is appealing. The problem is that Canada has a pretty bad track record when it comes to giving U.S. soldiers asylum. According the refugee laws, their court would have to essentially find fault with the United States court martial system in order to grant Smith asylum.
Not likely when the two countries are such good friends.
So I am left disappointed. Smith, after serious harassment and targetted violence because of her sexual orientation, is not even allowed to use the silver lining DADT supposedly provided.
And Canada, while better about gays in the military, is not likely to protect her from the court martial expected for her desertion.
She might try New Zealand. They are good friends with the US even though they do not bow down to its more anal retentative policies.
Plus it has to be one of the most healthiest places on earth, real fresh food, low polution and a medical system in wich everybody gets, world class second to none medical treatment without going broke.
Under the circumstances she would be better off there.
And yes.. before you ask…. I served and was decorated in 2 war zones, pretty much openly Gay from the beginning, and I was questioned numerous times by NIS about my homosexuality. At the advice of the ACLU, I flatly denied being Gay in order to STAY IN the service. And there was nothing they could do to get me out, as long as they never caught me having sex, or got me to admit being Gay.
Them’s the rules. Play by em.
I have a REAL problem with this. Private Smith decided to play the ‘Gay card’ to get out of going to Afghanistan, then deserted and ran to Canada when the army decided to ship her over there anyway. EXCUUUUSE ME! She enlisted, took the pay,… took the benefits, and was fat, dumb and happy as long as she got stationed someplace safe and fun. Then they tried to send her to war… OMG, sending a soldier to WAR!!! How dare they??
How stupid did she think the Army was? And how much damage does it do to EVERY Gay soldier, when this lazy ass uses being Gay as an excuse to get out of doing her job?? I hope Canada sends her back to the U.S. Army, and she spends some time in Leavenworth instead of Afghanistan. She’ll find plenty of comfort there.
A soldier deployed in the state of mind and spirit this young woman is in is not a good idea. Her decision making does not seem to be at its best for being on the battle field and fighting.War is a team effort and the decision to send someone out to battle and put the lives of others at risk is not a good idea by any means. She should have been referred for counseling instead rather than being delayed from an honorable discharge via deployment. What’s really going on?
Frank, being gay isn’t the nucleus of my life. It is a very important part, but I chose to serve my country. Yes, I was upset that I had to hide, but that was part of the choice I made. During WW2, African-American soldiers served a country that largely didn’t think there was a place for them, nor did they consider them worthy of recognition, but they served anyway. The only difference here, is that you can’t see gay by looking at the skin.
My major problem with this woman is that she ran to Canada. This was done with the draft dodgers in Vietnam as well. She has committed a crime, and should be punished for that crime. She chose to serve in spite of her sexuality, and she knew going in the chance she was taking. I have to feel bad that she was harassed, and think some things need to change there, but that is still no excuse to violate her contract, and try to hide in Canada.
Craig,
Your double standard amazes me,telling me to serve your country honestly but betraying
youself and your gay community I fail to see how you can render judgement on some one else
This was a very poorly written article. It implied that Private Smith was about to be sent to Afghanistan for her third deployment.
That makes me suspicious. I suspect there is other information if after two successful tours in a combat zone, she is still a private.
That still doesn’t explain why or how she was outed and there is no information on the alleged harassment she endured.
Craig was correct when he stated the obvious fact that she created more problems for herself by deserting.
I do understand the pressure of the closet. When I was in the Army, I would not only have been subject to a dishonorable discharge, but because I compounded my “crime” by serving as a linguist with a security clearance. In the 60s I was subject to the draft. Queers weren’t welcome anywhere so we hid. That hiding left me open for criminal punishment that could have included 15 years in Leavenworth.
I completed my enlistment and took my honorable discharge and went on my way.
And while I was not in a combat zone, I was in a small post a 15 minute bomber flight from the nearest Soviet air base during the Cuban Missile Crisis.
“But there’s one very important thing on which I think everyone can agree is an absolute travesty: NO MAJOR AMERICAN NEWS NETWORKS ARE COVERING THIS STORY!”
Agreed.
You know what else is a travesty? Other major news sources calling South African runner Semenya a “hermaphrodite!” WTF? Are we on the playground in fifth grade?
This is a tough situation, and as frank as Craig’s comments are, I do agree with him in a few ways.
The attitude towards deserters in the military seems to only be a step above treason, and she’s going to be deported back to the United States and face a prison sentence of up to 18 months (typical sentences seem to range between a year and 18 months).
That said, I do think (and hope) she could argue that under DADT she should have been discharged and the crime of desertion would not apply. It’s tough because the paperwork was never filled out. Additionally, her superior officer (who refused to fill the paperwork out until after the deployment) should be punished for failing to act under proper DADT rules.
I can’t seem to find the full details of the timeline of her being outed to her being told she was getting deployed. How much time took place between these events? How long did she wait before telling her superior officer about the harassment? These are very important details to consider before judging her actions as “wussing out” or “protecting her life”.
But there’s one very important thing on which I think everyone can agree is an absolute travesty: NO MAJOR AMERICAN NEWS NETWORKS ARE COVERING THIS STORY!
Craig: I may be reading this the wrong way, but it does not seem to me that Private Smith outed herself in order to escape deployment. If I am wrong, please correct me Ms. Ruby-Sachs, but it looks more like she was outed during her service, was harassed by her fellow servicemembers, and only then asked to be discharged under DADT because she feared for her life (which is not an unfounded fear–Private Barry Winchell comes to mind).
The problem is that DADT is only applied selectively in these times of war. A gay servicemember is fine as long as there aren’t enough “normal” people to fill the ranks. But tell me, what would they have done to protect her from violence and harassment had she remained?
I did serve in the Navy, and chose to keep quiet about my sexual orientation. When I made that choice, I knew full well that if I were found out, I would be in a great deal of trouble. That doesn’t mean I would take off for Canada. The USA isn’t perfect by a long shot, but I love my country anyway.
Craig:
First, I would be interested to know if you ever served in the military.
Secondly, I will never forget sitting in front of my military recruiter filling out paperwork and answering questions. When it came to the section about gays and drugs he paused, looked me in the eye and said “Remember, if you answer yes to any of these questions it might mean you don’t get into the Air Force.” Of course I answered “No.”
The second thing I remember is a conversation in 1992 when a co-worker was freaking out that Bill Clinton had just been elected. I asked her what the problem was and she said “He’s going to let gays in the military.” I looked her straight in the eye and said, “They’re already here.”
And I can tell you for a fact, DADT and the preceding rules (the old ‘witch hunt’ days) were and are applied selectively, and have been going as far back as World War II. If a commander decided he needed a body, especially before a deployment, then everything else was and is overlooked. Only once the “crisis” had passed is the paperwork initiated.
While I would not have gone the “Canada” route, I wish her the best of luck as she obviously was in fear for her life (and not from Afghan insurgents).
I’m torn here. She knew when she signed up that homosexuals weren’t exactly welcome in the military, yet she signed up anyway. She also knew that it was likely she would be deployed to a war zone after finishing training. Since she is a private, she signed up when we had a war going on, and clearly knew what was happening. If she didn’t want to go to war, then she should not have joined in the first place.
Running away to Canada was also a foolish thing to do. Desertion is a crime, and one the military takes very seriously. This is something she was taught in basic training, and hopefully she was awake for that class. Using DADT as a way to avoid fulfilling her obligation was cowardly at best. DADT is something that most homosexuals find appalling and something that needs to be shot down. For this reason, it should not be used as a get out of war free card because a service member decides they don’t agree with something and want a way out.
I feel bad that she was outed and harassed for being a lesbian, but also feel that she had to know what was a likely possibility when she joined. For that reason, I really thing she needed to work within the military’s established system, no matter how flawed it might be, and keep her word. She signed a contract, and now wants out of it because she was found out.
I’ll surely get flamed for this, but I support our military, and have little sympathy for those who sign a contract and decide they don’t want to go to war, and look for an easy way out. What is to stop anyone who doesn’t like the wars we’re involved in from claiming to be gay just to get out of the military. I hope Canada sends her back to the US to face her punishment.
Hopefully Canada will accept her refugee claim. If Canada can accept a white man from South Africa, surely Canada can accept this claim that actually has merit.
Once again the military can not decide what they really want. They can’t even enforce their own policies. She was outed, ok so court martial her and get her out. Sorry about your luck for not having her to deploy to Afghanistan.