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L ________________________
It may be that continued court losses and a changing social
climate will move Clinton to end the military’s discrimination
against sexual minorities
I
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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.