University of Illinois Law Students Petition Against Don't Ask Don't Tell

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updated Feb 23, 2022

The petition will ask Illinois Senators Dick Durbin and newly-elected Mark Kirk to help pass a repeal of the policy in the Senate during the upcoming lame duck session, while it is still politically viable to do so, according to David Amerson, a second-year law student at the University of Illinois College of Law and president of the law school's chapter of the American Civil Liberties Union.

Amerson was quoted as saying: ''If we can get a majority of students, faculty and staff to say we think this is irrational, borderline unconstitutional, and unwise with respect to national security, the concerted voices of the College of Law will carry a lot further and have a lot more influence than individual efforts.''

Amerson, a former Marine who served from 2000 to 2005, said he finds the arguments that allowing openly gay men and women to serve in the military will lead to harassment and violence ''disconcerting.'' In addition, he was quoted as saying: ''I think that's a very damning condemnation of an all-volunteer force that's highly professional. I don't see any reason to arbitrarily restrict the recruiting pool, when we're fighting a war, on sexual preference.''

He said one gay man was discharged from his unit under Don't Ask Don't Tell, and he suspected there were others who were gay. But it wasn't something anyone dwelled on, he said.

Justin Bernbrock, a second-year law student, operated electronics equipment in aircraft and trained other air crews during his 10 years in the Navy. He was quoted as saying: ''If there's alarm bells going off and work to be done ... a person's sexual preference is the last thing you're thinking about.'' Those questions ''are pushed to the far background when the most pressing concern is, am I going to live beyond this experience?''

He believes only a small minority of servicemen would object to serving next to a gay man or woman.

Both men acknowledged there is anti-gay sentiment among some people in the military.

Working on issues concerning the rights of gay, lesbian, bisexual and transgendered people is a focus for the law school's ACLU chapter this year, Amerson said. It is working closely with Outlaw, the LGBT student organization at the law school. Outlaw is sponsoring the petition drive, along with the ACLU and the American Constitution Society at the law school.
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