Lesbian US war deserter wins stay of deportation
11.20.2009 3:04pm EST
(Toronto)Canada’s Federal Court says the country’s refugee board must reconsider the case of a lesbian who deserted the U.S. Army and fled to Canada.
Judge Yves de Montigny said Friday the board erred last February when it rejected Bethany Smith’s bid.Smith says she fled the army instead of going to Afghanistan with her unit because she was harassed and threatened by fellow soldiers over her sexual orientation.
The U.S. military has a policy of discharging openly gay members but Smith says she was denied a discharge because soldiers were needed for the Afghanistan mission.
The judge says the board unfairly dismissed evidence suggesting that gays face harsher treatment in the American military justice system.
Smith says she would fear for her life if she were returned to the army.





There will need to be significant changes in rules if DADT is to be repealed. so that prejudice from the top layers isn’t allowed to pass into the ranks and become a persecution of out GKBT soldiers.
I haven’t heard about a defection since the fall of Communism in Russia.and rarely have i heard of political asylum to get out of the U.S.
what a great idea, I hope she is followed by many and hordes, doing the same.
good luck,Bethany .
What a Kafkaesque nightmare! Being harassed so you have to accept discharge; being denied discharge; open floodgates for unlimited harassment, then brass says you are not due any protection from harassment as you’re not gay since you weren’t discharged.
Might be true, might not.
I believe that her treatment at the hands of her fellow soldiers was probably horrendous. And I hope she gets to stay if that’s what she wants. Her case is weakened considerably by the fact that her request for discharge and reports of harrassment coincided with news of deployment. It may have been completely coincidental, but it does raise questions.
How can they deny her a discharge? I hope that the Canadians allow her to stay. I am not generally in favor of seeing Americans evade going to Iraq by fleeing to Canada, but she has a good reason to do so.
Why would you join the military and not do your *job*? In going through the process of application you should realize the pros and cons of being in the service. You can’t pick or choose what you want to do. Shame on you Smith. Men and women sacrifice themselves for the sake of this country. And please, don’t give me a diatribe about “Bush’s war” or something else in that regard. People aren’t forced to join and if they aren’t aware of the full extent of the missions they have to do, then that is their problem and not your own.