Navy Sailor Faces Discharge for Falling Asleep With Another Man

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"The Navy has already found a way to kick out suspected gays, even without using the DADT policy," John Aravosis wrote of the case on AmericaBlog.

"And the sailors in question have no choice but to hire civilian lawyers to defend them because sexual orientation isn't included in the Pentagon's non-discrimination policies, and won't be even if DADT is fully repealed this year."

Aravosis wants President Obama to sign an executive order adding the military to the existing federal policy that bans discrimination based on sexual orientation.

"We have to be on guard that some commanders don't come up with creative ways to go against the repeal," said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network. "No commander should look for a phony charge against a gay or suspected gay sailor in a post-repeal world. The issue that should always be on the table is conduct, not sexual orientation."

As for Jones, who declined to comment on whether he is gay, the case clearly demonstrates an abuse of power, regardless of his perceived sexual orientation.

"Anybody could be separated on these terms," he said. "It's very vague. I have done nothing wrong."

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