Officer Sues to Block His Discharge Under Anti-Gay Policy

Good for Lt. Col. Victor Fehrenbach, whose lawyers filed papers in Idaho federal court requesting a temporary order blocking his "don't ask, don't tell" discharge. The petition contends that a discharge would violate Fehrenbach’s rights, cause him irreparable harm and fail to meet standards established in a 2008 federal court ruling on don’t ask, don’t tell.

The New York Times reports:

For advocates of abolishing the ban against gay men, lesbians and bisexuals serving openly, Colonel Fehrenbach’s case has become something of a line in the sand. Though President Obama has called for ending the ban and Congress has begun moving in that direction, gay service members continue to face investigations and discharge, albeit at a lower rate than in past years. Lawyers for Colonel Fehrenbach assert that his case is among the most egregious applications of the policy in their experience. The Air Force investigation into his sexuality began with a complaint from a civilian that was eventually dismissed by the Idaho police and the local prosecutor as unfounded, according to court papers. Fehrenbach has never publicly said that he is gay.