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A gay rights group wants a federal court in Idaho to block the U.S. Air Force from discharging an aviator under the "don't ask, don't tell" law that bars openly gay and lesbian military members from service.

Servicemembers Legal Defense Network filed its lawsuit Wednesday in federal court in Boise, asking for a temporary restraining order to stop the Air Force from discharging Lt. Col. Victor Fehrenbach until a full hearing can be scheduled. It also wants the law declared unconstitutional.

Fehrenbach, a 19-year military member who has been decorated for his combat valor in Iraq, disclosed he was gay in 2008 as he defended himself against allegations investigated by the Boise Police Department that he raped another man. Fehrenbach said he had sex with the man, but it was consensual.

He was cleared of the rape allegations, including by the Air Force Office of Special Investigations, which found them to be without merit, according to court documents filed Wednesday.


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