Dallas Voice (Dallas, Tex.), Vol. 12, No. 39, Ed. 1 Friday, January 26, 1996 Page: 3 of 56
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Federal appeals panel hears case
challenging ‘Don’t ask, don’t tell’
District court ruled in favor of five gay plaintiffs
By Larry Neumeister
ASSOCIATED PRESS
NEW YORK — A federal appeals
court is trying to decide whether the
Clinton administration's "Don't ask,
don't tell" policy on gays in the military
is a great compromise or a violation of
free speech.
The judges heard the dueling depic-
tions Tuesday as the challenge of the
policy reached the appellate level. The
case, Able v. USA, is the first challenge
to the "Don't ask, don't tell" policy gov-
erning military service by gays.
"The government can't shut up the
speech because somebody doesn't like
the message," Matt Coles, an American
Civil Liberties Union lawyer, told the
2nd U.S. Circuit Court of Appeals.
Government lawyer Edwin Kneedler
argued the policy was not designed to
suppress speech, but to preserve cohe-
siveness among the troops.
Sexual attraction between soldiers,
he said, could lead them "to form
bonds that would break down cohe-
siveness."
The judges had plenty of questions
for both sides during Tuesday's hearing
but gave no clear indication which way
they were leaning. They took the case
under advisement.
Under the "Don't ask, don't tell" pol-
icy, commanders may not ask service
members their sexual orientation, and
gays may serve as long as they do not
volunteer information about their sexu-
al orientation or engage in gay sex.
The Clinton administration adopted
the policy in 1993 as a compromise
replacement to the post-World War II
policy of ousting gays automatically as
a threat to morale and fighting ability.
Clinton initially sought to lift the ban
entirely, but faced strong protest from
Congress and military leaders. The
"Don't ask, don't tell" compromise was
forged during negotiations between the
Administration and Congress.
Last year following a trial in federal
district court, a Brooklyn federal judge
declared the policy unconstitutional
and barred the Pentagon from discharg-
ing six gays. U.S. District Judge Eugene
Nickerson called the policy "nothing
short of Orwellian," saying it equates
sexual orientation with misconduct.
In the appeals court hearing, Judge
John M. Walker questioned whether it
was the role of the courts to interfere
with a policy that had been created
carefully at the legislative level.
"In this case, the district court failed
to protect the balance that Congress
struck," Kneedler replied.
Kneedler said the policy was written
in a way to get the "degree of skill and
unity cohesion necessary to insure the
nation’s defense."
The plaintiffs want the policy
replaced with a rule that states sexual
orientation is "not germane" to perfor-
mance and that all service members
must be held to identical standards. ▼
Sailor challenges constitutionality of ‘Don’t ask, don’t tell’
SEATTLE —A federal judge here has
been asked to decide if the U.S. mili-
tary's "Don't ask, don't tell" policy is
constitutional.
Navy Lt. Richard Watson contends it
is not.
Watson, a 15-year veteran who
wants to command nuclear sub-
marines, disclosed his sexual orienta-
tion in a letter to his commanding offi-
cer in 1994.
The Navy moved to discharge him.
But in August, Judge Thomas Zilly
blocked the discharge until Watson's
case was decided in court.
A Justice Department lawyer said
the policy promotes cohesiveness
among units. ▼
JERKY
BIRDWELL
Serving the Gay Community for 25 years
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JANUARY 26, 1996 3
DALLAS VOICE
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Vercher, Dennis. Dallas Voice (Dallas, Tex.), Vol. 12, No. 39, Ed. 1 Friday, January 26, 1996, newspaper, January 26, 1996; (https://texashistory.unt.edu/ark:/67531/metapth616040/m1/3/?rotate=90: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.