Via NY Transfer News Collective * All the News that Doesn't Fit HIGH COURT JOINS PENTAGON ANTI-GAY BANDWAGON By Kristianna Tho'Mas On Oct. 29, the Supreme Court cleared the way for the Pentagon to carry out its "new" guidelines on gays in the armed forces--at least for now. This policy, pushed by the Clinton administration, allows the Pentagon to put into effect its "don't ask, don't tell, don't pursue" directive. Meanwhile, the government is pursuing its appeal of a Sept. 30 federal court ruling that overturned the gay ban. The High Court intervened to keep the ban in place pending the appeal, with a "stay of decision" order. The policy supposedly "protects" lesbian and gay military personnel form investigation, except when their commanders find "compelling" evidence of homosexuality. The lesbian and gay community and its supporters have denounced this measure, saying it just reinforces the repressive ban against lesbians and gays in the military. The "new" policy does not protect a gay serviceperson who discloses his or her homosexuality. The Clinton policy is in reality the "Gay Closet Policy." Gays can serve, as long as they remain in the military closet. You can remain in the military as long as you don't tell a single solitary person you are gay. And forget about gay sex. There is one exception to this rule: You can tell yourself you are gay--as long as you do it in absolute privacy. The High Court ruling was a blessing to Clinton. His administration is currently appealing a federal judge's order banning all discrimination against active-duty lesbian and gay service members. On Sept. 30, Federal District Judge Terry J. Hatter Jr. barred the military from "taking any action whatsoever against gay and lesbian service members based on their sexual orientation or on sexual conduct that could not be proven to interfere with the military mission of the armed forces." Hatter said he would impose a $10,000-a-day fine as well as a contempt-of-court citation on Pentagon officials who violated his order. In response to his order, the Pentagon stopped all proceedings in 115 cases of military personnel who were being dismissed for the crime of homosexuality. But the brass--and the White House-- kept fighting for the ban, going all the way to the Supreme Court. Lesbian and gay activists said this demonstrated how committed the president is to maintaining anti-gay discrimination in the armed forces. Still, the battle continues. Even after the Supreme Court stayed Hatter's order, another judge ruled against the ban. On Nov. 1 U.S. District Court Judge Stanley Sporkin ruled in Washington that a gay Marine can stay on active duty. Sgt. Justin Elzie had come out of the closet right after Clinton's inauguration. He sued the Marine Corps to demand he not be ousted. Sporkin's ruling means "he stays in. It's a very big win," said Elzie's lawyer Lanny Breuer. -30- (Copyright Workers World Service: Permission to reprint granted if source is cited. For more information contact Workers World, 55 West 17 St., New York, NY 10011; via e-mail: ww@blythe.org.) + NEW NUMBERS! NY Transfer News Collective SAME ADDRESS + + Guests: Members Only: Internet: + + 212-675-9690 212-675-9663 nyt@blythe.org +