Log Cabin Republicans v. United States of America et al

Filing 202

SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's First Amended Complaint #136 Regarding Application of Witt Standard of Review filed by Plaintiff Log Cabin Republicans. (Attachments: #1 Exhibit 1 to Supplemental Brief, #2 Declaration of Michael D. Almy with Exh A, #3 Declaration of Jenny L. Kopfstein, #4 Declaration of Anthony Loverde with Exh A, #5 Declaration of Joseph Christopher Rocha with Exh A, #6 Declaration of Stephen Vossler)(Woods, Daniel)

Log Cabin Republicans v. United States of America et al

Doc. 202 Att. 4

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DAN WOODS (State Bar No. 78638) EARLE MILLER (State Bar No. 116864) AARON KAHN (State Bar No. 238505) WHITE & CASE LLP 633 W. Fifth Street, Suite 1900 Los Angeles, CA 90071-2007 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff Log Cabin Republicans UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

LOG CABIN REPUBLICANS, a nonprofit corporation, Plaintiff, vs. UNITED STATES OF AMERICA and ROBERT M. GATES (substituted for Donald H. Rumsfeld pursuant to FRCP 25(d)), SECRETARY OF DEFENSE, in his official capacity, Defendants.

Case No. CV 04-8425 VAP (Ex) DECLARATION OF ANTHONY LOVERDE IN SUPPORT OF PLAINTIFF LOG CABIN REPUBLICANS' SUPPLEMENTAL BRIEF ON APPLICATION OF WITT STANDARD OF REVIEW Judge: Hon. Virginia A. Phillips October 12, 2004 July 13, 2010

Complaint filed: Trial:

DECLARATION OF ANTHONY LOVERDE I, Anthony Loverde, declare as follows: 1. I am over 18 years old and, if called as a witness, I would be able to testify competently, of my own personal knowledge, to the truth of the matters contained in this declaration. 2. I served as an active duty member of the United States Air Force from February 13, 2001 to July 13, 2008.

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DECLARATION OF ANTHONY LOVERDE IN SUPPORT OF PLAINTIFF LOG CABIN REPUBLICANS' SUPPLEMENTAL BRIEF ON APPLICATION OF WITT STANDARD OF REVIEW
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3.

When I enlisted in the United States Air Force in February 2001, I was

21 years old. When I enlisted, I had a rank of E-1 (Airman). I originally committed to remain in the Air Force until February 2007. 4. I was assigned to Lackland Air Force Base in San Antonio, Texas for basic training where I remained until April 2001. Upon completion of basic training, I was promoted to the rank of E-3 (Airman First Class). I was then sent to Keesler Air Force Base in Biloxi, Mississippi for further training where I remained until December 2001. 5. In December 2001, I was assigned to Ramstein Air Base located near Kaiserslautern, Germany. While there, I served as a member of the 86th Maintenance Squadron. I worked as a Precision Measurement Equipment Laboratory technician and was responsible for calibrating weapons systems in the United States Air Forces in Europe, Southwest Asia, and the Continental United States. 6. While serving in Germany, I did not tell any members of my command that I am homosexual. But I also did not go to great lengths to conceal my sexuality through my actions. For example, in December 2001, I attended an off base military holiday party in Germany wearing a blue velvet shirt, black leather pants and sporting spiked hair. At the party were approximately forty enlisted members I worked with, including my supervisors from the ranks of Major Sergeant (E-7) to Chief Master Sergeant (E-9). Additionally, when members of my command asked me what kind of girls I liked, I would say "rugged ones with broad shoulders." 7. As a reward for my exceptional work at Ramstein Air Base in Germany, I was awarded early promotion to rank E-4 (Senior Airman), deemed a distinguished graduate from the United States Air Force Airman Leadership School, and obtained a 7-level craftsman proficiency badge within my first four years of service.
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8. 9.

In August 2004, while at Ramstein Air Base in Germany, I was also In January 2005, I was transferred from Ramstein Air Base to Edwards

promoted to Staff Sergeant (E-5). Air Force Base in Edwards, California. At Edwards Air Force Base, I was a Precision Measurement Equipment Laboratory technician. 10. From September 2005 to January 2006, I deployed to Al Udeid Air Base in Qatar in support of Operation Enduring Freedom and Operation Iraqi Freedom. While in Qatar, I held the position of Precision Measurement Equipment Laboratory Scheduler, Non-Commissioned Officer, in charge of Production Control. I maintained coordination between 201 military units and the Air Force requirements for electronic calibration and measurements with logistics ranging through Africa, Iraq, Afghanistan, Kuwait and eight other countries. 11. In January 2006, I returned to Edwards Air Force Base. Given that my enlistment was to expire in February 2007, I began considering whether I would leave the Air Force in 2007. Although I desired to remain in the Air Force, I found it extremely difficult to not be able to declare that I am homosexual to my fellow soldiers. 12. I weighed my options and decided that if I were to pursue a new career field in the Air Force, I may be better able to serve my country while concealing my sexuality. I re-enlisted so that I would have the time to receive additional training in a new career field. 13. In July 2006, I applied to be trained as an aircrew member (commonly known as a "loadmaster") on a Lockheed C-130 Hercules aircraft and was accepted. In June 2007, I completed my loadmaster training. 14. In July 2007, I was transferred from Edwards Air Force Base to the 37th Airlift Squadron at Ramstein Air Base in Germany.

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15.

In December 2007, I deployed to Ali Al Salem Air Base in Kuwait to

serve with the 386th Expeditionary Operations Group in support of Operation Iraqi Freedom. I remained in Kuwait until April 2008. During this deployment, I flew sixty-one combat missions into Iraq, during many of which I faced small arms fire, surface to air missiles and inclement weather. As a result of these combat missions, I was awarded two Air Medals. 16. While I served in Kuwait and Iraq, I endured the constant harassment of my supervisor, who repeatedly made homophobic remarks to me and my unit. Although I strongly desired to speak out in defense of my concealed sexuality in these instances, I repeatedly resisted the urge to do so in order to protect my career. 17. In April 2008, I returned to Ramstein Air Base in Germany. After years of concealing my sexuality and enduring a slew of homosexual remarks made by my supervisor while I was in Kuwait and Iraq, I decided that I could no longer conceal my sexuality from my command. I sent an email to my First Sergeant and later my Commander advising them that I am homosexual and could no longer abide by Don't Ask, Don't Tell, but still wanted to serve. Although I had told a handful of members of the Air Force that I am homosexual, I had never come out to anyone in my command. 18. Once news of my homosexuality spread to the members of my command, they told me they were not surprised. They said it was an unspoken truth that I am homosexual. 19. After I came out, three servicemembers called me to apologize for making homophobic comments prior to me revealing my sexual orientation. One servicemember told me that I had changed the way he views homosexual people. He told me he would be honored to be deployed and serve with me any day and any time.

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20. 21.

I was removed from flying status in April 2008. Although I remained All of my supervisors from the ranks of Major Sergeant (E7) to Chief

on active duty, I was assigned to an administrative desk job. Master Sergeant (E9) wrote character reference letters that requested my retention. Copies of these character reference letters are attached hereto as Exhibit "A." 22. I served as an openly homosexual man for a couple of months. During this time, I made sure that everybody knew I am homosexual and was being forced to leave the Air Force because of it. During this time, no servicemembers approached me to tell me they had a problem with my sexual orientation. 23. 24. 13, 2008. 25. Within three weeks of separation, I accepted employment in Iraq to support the United States Army as a defense contractor. I held several posts in Iraq and Afghanistan and was greatly respected by my military unit as an openly homosexual contractor. 26. My contracting job was the same job that I had performed when I was in the Air Force--I worked in the calibration lab. The only difference was that Don't Ask, Don't Tell did not apply to my civilian work. As a contractor, I worked alongside the same Airmen that I had worked with on active duty in the Air Force, but this time, as an openly homosexual man. Everyone I worked with was very accepting of my openly homosexual status and it did not impact the mission. My sexual orientation was a non-issue. 27. I left my contracting job and returned to California in May 2009. I signed a waiver of my right to contest my discharge so that I would I was honorably discharged from the United States Air Force on July be honorably discharged.

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