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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Jan. 7, 1994)
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NOW. national news This coupon good for 50% discount on your initial membership fee of $100 Good thru January 31, 1994 1111 SW 10th • Portland • 223-6281 by Bob Roehr Marquire thought that response by Rymer n California Petty Officer Keith Mcinhold showed the seriousness of preparation and thought took the oath of office for his latest tour of duty in the Navy, then went off to the U.S. the panel had already given to the case. Meanwhile in Washington, schisms within the Court of Appeals for the 9th Circuit to hear oral arguments as to whether he will be Clinton administration over the military ban con tinue. The latest debate centers around whether or allowed to stay in the Navy. About the same time. not President Clinton was announcing his choice for to appeal the Sleffan decision. Some have argued that the panel which heard the Steffan case Secretary of Defense, retired Admiral Bobby Inman. contained the most liberal judges and might be An odder couple would be hard to imagine, but those actions, on Dec. 16, wed each to the other in overruled by the more conservative majority on the ways which will continue for months, if not years, U.S. Court of Appeals for the Federal Circuit. Marc Wolinsky, Stcffan’s attorney, doesn’t see that as and profoundly affect both parties. Inman is a 30-year naval officer who made his mark in the intelligence field, capping that career as director of the National Security Agency, the nation’s high-tech espionage agency. He then moved to be deputy director of the Central Intelli gence Agency but left after a year, reportedly because of differences with his boss, William Casey, over covert operations. He has worked for the last decade at senior levels in the private sector, in the computer and defense industries. Tanya Domi, retired Army captain and legisla tive director for the National Lesbian and Gay Task Force said, “He doesn’t have a real big public record.” Nonetheless, she is optimistic aboutlnman because of his record at the NSA. “I am mildly optimistic,” said Evan Wolfson, attorney with the Lambda Legal Defense and Edu cation Fund. “There certainly are some things in his reputation that give one a shred of hope.” Wolfson believes that once Clinton makes the political decision to lift the ban, Inman will be a much stronger Secretary in terms of getting the military to implement it. Inman was director of NSA in 1980 when a landmark decision was reached concerning an employee of that agency. Internal security learned Keith Meinhold with Lt. Zroe Dunning that the man was gay and wanted to follow existing likely given the arguments and the language of the policy to fire him as a security risk. The employee written decision. fought that action and won a recommendation The Justice Department seems to be arguing to from the NSA’s legal office to be retained. Inman not appeal Steffan, to concede cases under the old signed the recommendation, signaling a break regulations, and force a new round of litigation through on security clearance matters for gay and under the new regulations, which will be issued lesbian employees of that super-secret agency. shortly. The Defense Department is defending the In San Francisco, Mcinhold started off his day principles of the old regulations in further appeals with a great photo opportunity, taking the oath of because the new regulations share so many of those office for his latest re-enlistment. Swearing him in same principles. was Lt. Zoe Dunning, a lesbian naval reserve Lambda has agreed to withdraw a pending suit officer in the middle of her own fight to keep from against the old regulations. Doe vs. Aspin, involv being discharged. In the background was the ban ing a number of plaintiffs, in exchange for the ner of the Alexander Hamilton Post 440 of Ameri Defense Department not taking action against those can Legion, a gay and lesbian veterans group. An clients for at least 20 days after the new regulations hour later, he was at the courthouse. are published. John Maguire, Mcinhold’s attorney, thought ‘That gives us a window to protect them and the arguments went well. He said they had drawn challenge the new [regulations],” said Beatrice a three-judge panel that was considered moderate Dohm, Lambda’s legal director. Wolfson says by most observers. He was encouraged by the they may reformulate that case and possibly take it intangibles, “When you say something about being to another court depending on exactly what the gay and they look at you like they understand what regulations say, “but we indubitably will have a you are talking about—for me that is the big hump. case, and there will be others.” If you get past that, then we’re talking legal de Wolfson thinks there will be a federal district tails.” court ruling on the new regulations by the end of In his final rebuttal the government attorney 1994 but does not see the battle ending until there raised the Goldman case, where the court deferred is an appellate decision as well. He thinks that to the military in prohibiting a Jewish officer from continued court rebuffs, a strengthened public wearing a yarmulke while on duty. Judge Rymer image, and a changing social and political climate quickly cut him off. She said the proper case under on the issue will finally convince Clinton to imple Goldman would be if the officer had said he was ment the policy he claims to believe in—that of Jewish, and was discharged because there was the ending discrimination against gays and lesbians in likelihood that he might wear a yarmulke. the military.
