Tribunal Urges Navy Not to Discharge Lesbian

A Navy tribunal decided Thursday that Lt. Zoe Dunning’s career in the Reserves should not end with the statement “I am a lesbian.”

The board of inquiry meeting at Treasure Island Naval Station unanimously found that although Dunning had made the statement that she is a homosexual, she also had proven that she would not engage in homosexual acts.

“The board of inquiry recommends retention in the Naval service,” said Capt. Thomas Berns, senior member of the board.

Dunning stood with her back to the courtroom audience while the findings were being read, her hands clenched. Afterward she smiled briefly as she clasped the hands of her lawyer, Greg Bonfiglio.

Dunning’s attorneys had maintained that when Dunning declared her homosexuality at a January, 1993, rally, she was not broadcasting an intention to practice homosexuality but merely indicating her sexual orientation.

“She felt that to continue to hide who she was would be a lie,” Bonfiglio said.

But Navy prosecutors told the board that they had no choice but to order Dunning separated from the service, regardless of her achievements.

Prosecutors said that under a “don’t ask, don’t tell” policy, service members who declare that they are homosexual face discharge unless they can prove that they will not engage in homosexual acts while in the service. Dunning did not do that, prosecutors said.