Date:         Fri, 5 Apr 1996 20:04:18 -0500
From: Denny LEE / ACLU <DennyCLU@AOL.COM>
Subject:      Appeals Court Upholds Military Ban on Gays

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News from the ACLU National Headquarters...

U.S. Appeals Court Upholds Discharge of Gay Naval Officer;
            ACLU Says Ruling Ignores Core Issue in Case

FOR IMMEDIATE RELEASE
Friday, April 5, 1996

ALEXANDRIA, Va. -- A divided federal appeals court today upheld
the Pentagon's two-year old law barring lesbian and gay men from
openly serving in the military, saying that the debate belonged
in the  "the halls of democratic governance" and not in the
courts.

    The American Civil Liberties Union immediately criticized the
ruling, and said the majority opinion ignored both the court's
role in defending individual liberties, and the central issue in
the case.

    "Constitutional protections are not determined by popular
vote," said Matt Coles, Director of the ACLU's Lesbian and Gay
Rights Project.    "If the government passes a law for no reason
but to coddle the perceived fears of heterosexual troops, then
a court applying the Constitution should strike it down."

    In a 9 to 4 decision with three separate majority opinions,
the full 4th U.S. Circuit Court of Appeals upheld the discharge
of former Navy Lt. Paul Thomasson, who was dismissed last June
after announcing in a letter sent to his commanding officer that
"I am gay."

    Writing for the dissent, Judge Kenneth K. Hall said "Lt. Paul
Thomasson's career is over because it is presumed that he will
misbehave in a manner that is assumed to incite the prejudices
of his colleagues, whom it is speculated will abandon their
duties to defend the United States rather than tolerate him in
their midst."

    The decision upholds a lower court opinion which was appealed
by Thomasson.  The appeal was joined by the ACLU, which
submitted a brief co-authored by Lambda Legal Defense and
Education Fund that contends that the government's so-called
"don't ask, don't tell" law violates the First and Fifth
amendments, and is based solely on the presumed prejudices of
some service members.

    "Rules should apply to everyone equally," said Coles.  "But
under this law, lesbian and gay Americans are subject to
different rules about what they can say, and whether they can
have a relationship."

    Courts around the country have been grappling with this issue
with mixed results.  Two federal district courts have struck
down the policy as unconstitutional, while two have upheld it.

    Just last month, a federal judge in San Francisco ruled that
the law was unconstitutional and ordered the reinstatement of
Steven Holmes, a gay National Guard officer.   And last year, in
a case brought jointly by the ACLU and Lambda, a federal judge
in New York blocked the discharge of six lesbian and gay
servicemembers who had challenged the policy.

    Three cases have made it to the federal appellate level,
although today's decision is the first to be handed down.
Arguments before a federal appeals court in the New York case
were heard in January, with a ruling soon expected.  The other
case, brought on behalf of Navy Petty Officer Mark Philips, was
argued by the ACLU's Coles last month before a three-judge panel
of a federal appeals court in Seattle.

    "The ACLU will fight the military's ban until it is history,"
said Coles.  "One day, lesbian and gay service members will not
be subject to witch hunts, harassment, and outright hostility.
Sadly, that day will not come without the brave contributions of
Paul Thomasson and others who have sacrificed their careers for
justice."

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Contact:  Denny Lee, (212) 944-9800 ext. 424
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Media Relations Office   132 W 43rd Street, NYC 10036    http://www.aclu.org