Last edited: January 23, 2005

Supreme Court Declines Gay Soldier’s Case, January 18, 2005

By Doreen Brandt Washington Bureau

Washington—The Supreme Court declined Tuesday turned down an appeal from a gay Air Force lieutenant.

Second Lt. Ryan W. Davis had sought a review by the high court of his criminal conviction for having sex with a 15-year-old boy.

Davis pleaded guilty to consensual sodomy and conduct unbecoming to an officer in military court following an April 1997 meeting with a boy at a park in Gulf Breeze, Florida.

He was kicked out of the Air Force, confined for 24 months and ordered to forfeit all pay and allowances.

Davis’ appeal was based on the Supreme Court’s 2003 decision in Lawrence v. Texas which struck down sodomy laws.

As is standard for the court the Justices gave no explanation for refusing to hear the case, but some legal experts said they believed the rejection was the result of the age of the person Davis had sex with.

It is the second time in as many weeks that the court has refused to take up a gay issue. Last week the justices declined to hear a challenge to Florida’s law which bars gays from adopting children.

Also last week, the Servicemembers Legal Defense Network reported that that it received a record 1025 requests for assistance in 2004, up from 991 similar requests in 2003, over discrimination under ‘Don’t Ask Don’t Tell’.

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