Intersection of Law and Policy: Q & A with for Kathi S. Westcott, Deputy Director for Law for Servicemembers Legal Defense Network
From Of Counsel Vol. 3, No. 6
Published 11/28/07
Q. What does your organization do?
A. Servicemembers Legal Defense Network is a national, nonprofit legal services, litigation, watchdog and policy organization dedicated to ending discrimination against and harassment of military personnel affected by "Don't Ask, Don't Tell" and related forms of intolerance — including discrimination against transgender and HIV positive service personnel. Over the last 13 years SLDN has responded to more than 8,400 requests for assistance.
Q. Do you see the repeal of "Don't Ask, Don't Tell" as one of the most important issues of the LGBT movement right now? Why?
A. There are many reasons why repeal of "Don't Ask, Don't Tell" is one of the most important issues facing the LGBT movement. First, this is the only law in the country that mandates an LGB person be fired from his or her job just for being LGB. Until "Don't Ask, Don't Tell" is repealed, we believe it will be hard to pass positive federal legislation protecting LGB persons from discrimination in other arenas including civilian employment, housing, health care and marriage, to name but a few. Ending discrimination in the military has been a key victory for every civil rights movement in our country. Further, practically speaking, the United States military is the number one employer of youth in this country. Serving in the military is often the only way that urban and rural under-privileged youth can leave the areas in which they were raised and receive a higher education.
Q. What are some effective ways that litigators and policy advocates are working together on these issues?
A. SLDN is working towards repealing "Don't Ask, Don't Tell" both through the courts and in Congress. We have tried very hard to engage both litigators and policy advocates from interested organizations in those efforts. There are currently three constitutional challenges to "Don't Ask, Don't Tell" pending in two federal circuits in which multiple organizations have filed key amicus briefs and many firms have provided substantial pro bono assistance. SLDN leads a coalition of over 20 organizations working to support and pass the Military Readiness Enhancement Act, the bill pending in Congress to repeal "Don't Ask, Don't Tell" and replace it with a nondiscrimination law. Each track towards ending the law impacts and influences the other.
Q. What are some ways that members of the legal community can help to make a difference in this fight?
A. First and foremost, the legal community can continue to help make a difference in the fight to end discrimination in the military by referring impacted LGB servicemembers to SLDN, and also referring HIV positive and transgender identified service members to SLDN. In addition, our legal community can assist in this fight by maintaining their support of both litigation and repeal efforts. Attorneys can find out more about how they and their firms can help by contacting SLDN at legal@sldn.org.
Q. Any litigation or legislative predictions?
A. We are confident that we will see the end of "Don't Ask, Don't Tell" in the not too distant future. It is not yet clear from reading our tea leaves whether this will be accomplished through litigation or policy advocacy but we continue to believe that this multiprong approach is the most effective way of ending this incredibly harmful law.
