PHOENIX — The Army on Monday said it has dropped efforts to dismiss an Arizona lawmaker from a reserve unit because he said during a legislative debate that he is gay.
An Army spokesman said the case was dismissed after Rep. Steve May, a reserve lieutenant, agreed not to re-enlist once his current term expires May 11.
"Given my record of service, I should be allowed to complete my term, regardless of my sexual orientation," May said.
A military panel recommended in September that May be honorably discharged for violating the military's "don't ask, don't tell" policy.
Under that rule, gays are allowed to serve in the Armed Forces as long as they don't declare their sexual orientation. In turn, the military is barred from asking service members if they are homosexual.
May's appeal of the panel's decision was rejected in November. But his lawyer, Christopher Wolf, said the military decided on Saturday to drop the case.
Wolf said he discussed the issue last month with White House chief of staff John Podesta and on Friday with top military officials.
"I think it's vindication that we were right from the beginning," May said of the Army's decision.
But Lt. Col. Bill Wheelehan, an Army spokesman, said the case was dropped because May agreed not to re-enlist.
"Time was going to run out in the next four months to get this man out," Wheelehan said.
"You can't (dismiss) an officer that rapidly when the officer is using everything at his disposal" to appeal. The legislator said he never intended to serve another term.
May, a Republican who was re-elected in November, acknowledged his homosexuality during legislative debate in February 1999, while arguing for extending health benefits to same-sex partners. He was an honorably discharged civilian reservist at the time but was called back to the Army a few weeks later, during the Kosovo crisis.