Lesbian soldier inching to asylum in Canada

An American lesbian is breaking new ground in the fight for refuge from the U.S. military's "Don't Ask, Don't Tell" policy.

On September 11, 2007, Army Private Bethany Smith (right), then 21, fled to Canada after enduring taunts, physical abuse, and a death threat from her military cohorts because she is gay. 

On November 20, 2009, Judge Yves de Montigny of the Federal Court of Canada granted Smith's petition for judicial review of the Canadian Immigration and Refugee Board's denial of her application for asylum on the grounds that she had failed to seek state protection, which would have been adequate.

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