Army Punishes Officer Who Halted Lesbians Public ‘Make out’ Session

The Army broke its own rules in its punishment of an officer who, following military protocol, intervened to stop a public “make-out” session by two lesbian subordinate officers, contends an appeal to the U.S. Supreme Court.

Lt. Col. Christopher Downey was cited for assault for bumping a camera that inadvertently hit the nose of an Army staffer who was trying to capture the scene on video.

The Thomas More Law Center of Ann Arbor, Michigan, this week petitioned the high court to “correct the injustice done to Lt. Col. Christopher Downey after the United States violated its own regulations, effectively ending his stellar career.”

The problem, according to his legal defender, the Thomas More Society, is that when his complaint was working its way through the lower courts, he was required to prove his innocence using a “clear and convincing” standard of evidence, rather that the statutory “preponderance of evidence.”

The legal non-profit explained that in a footnote, the U. S. Fourth Circuit Court of Appeals “acknowledged that the Army applied the incorrect burden of proof to LTC Downey’s case, contrary to its own regulations.” (Read more from “Army Punishes Officer Who Halted Lesbians Public ‘Make out’ Session” HERE)

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