Lesbian U.S. soldier wins bid for asylumA lesbian soldier who deserted the U.S. army won a key court victory Friday when a judge ordered the refugee board to reconsider her failed asylum claim and take into account compelling evidence that she was persecuted and that her sexual orientation could mean stiffer punishment for going AWOL.
Federal Court Justice Yves de Montigny's order for the board to consider a gay U.S. soldier as a credible refugee candidate is believed to be a first, said a spokesman for the U.S. military.
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Smith, who says she was outed by another soldier who spotted her walking hand-in-hand with a woman at a shopping mall, contends in court documents that she was badgered daily, saddled with extra work by her superiors and received more than 100 threatening notes on her dormitory door, including a death threat.
"She could be punished not only on AWOL (absent without leave) and desertion charges, but also for simply being gay," Justice de Montigny wrote.
Gays and lesbians have been able to serve openly in the Canadian military since 1992, when the Supreme Court ruled that prohibiting them violated the Canadian Charter of Rights. (The military and the legislature could have appealed, but chose not to.)