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‘Don’t ask, don’t tell’
ruled unconstitutional
NEW YORK fAP)—For the first
time, a federal judge declared uncon
stitutional the Clinton administration’s
“don’t ask, don’t tell” policy on gays
in the military.
The decision barred the Pentagon
Thursday from discharging six homo
sexuals.
U.S. District Judge Eugene
Nickerson said the policy is “nothing
short of Orwellian” because it equates
sexual orientation with misconduct.
“To presume from a person’s sta
tus that he or she will commit undesir
able acts is an extreme measure,” he
wrote. “Hitler taught the world what
could happen when the government
began to target people not for what
they had done but because of their
status.”
Lawyers for theplaintiffs welcomed
the ruling but cautioned that it applies
only to the six people in the case and
doesn’t prevent the Pentagon from
taking action against other gays.
“We don’t want people to read the
paper and think they can come out
tomorrow,” said Beatrice Dohm, le
gal director of the Lambda Legal De
fense and Education Fund, which
helped represent the plaintiffs.
Justice Department spokesman
Carl Stem said the government will
appeal.
“We believe the challenged policy
is constitutional and we remain com
mitted to defending it,” he said.
Under the “don’t ask, don’t tell,
don’t pursue” policy, gays can serve
as long as they keep their sexual orien
tation to themselves and do not en
gage in homosexual acts.
Otherwise, they can be honorably
discharged. In addition, commanders
may not ask a service member his or
her sexual orientation.
The Clinton administration adopted
the policy in 1993 as a compromise
between the views of gay-rights advo
cates and those flatly opposed to gays
in the military. Previously, the Penta
gon rooted out homosexuals as a threat
to morale and fighting ability.
^ The judge said the new policy vio
lates the constitutional rights to free
speech and equal protection. “The
policy... is not only inherently decep
tive, it also offers powerful induce
ments to homosexuals to lie,”
Nickerson said. -
The government, he said, failed t(
prove its key argument that homo
sexuals, by their presence, can harm <
military unit’s cohesion.
“Even if defendants do believe tha
heterosexual service members will bt
so upset by a co-worker’s mere state
ment of homosexuality as not to worl
cooperatively in the unit, such a belie]
does not justify a discriminator}
policy,” Nickerson wrote.
None of the five men and om
woman could be reached for com
ment. Their lawyers said they did no
wish to make statements.
The military had begun discharge
proceedings against three of the six
who include two Navy enlisted mer
on active duty and four reservists—i
Navy commander, an Army captain
an Army sergeant and a Army lieuten
ant colonel.
“This is an important first step ir
the fight, but it’s not over. Thousands
and thousands of other lesbians anc
gays need to know that, at least for the
time being,” said Matthew Coles, ar
American Civil Liberties Union law
yer who argued the case for the plain
tiffs earlier this month.
Nefcrraskan
Editor Jeff Zeleny Night News Editors Ronda Vlasin
472-1766 Jamie Karl
Managing Editor Jeff Robb Damon Lee
Assoc. News Editors DeOra Janssen Pat Hambrecht
nni. _ _ DoogKouma Art Director Kai Wllk«T
Opinion Page Editor MattWoody General Manager DanShattil
u. W^a Edrtor Jennifer Miratsky Production Manager Katherine Polickv
Photo Director Jett Haller Professional Adviser Don Walton, 473-7301
L , __ FAX NUMBER 472-1761
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ALL MATERIAL COPYRIGHT 1995 DAILY NEBRASKAN
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