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W l and a free videotape or brochure, please call Kit Carson at Life Benefactors, L.P., 1-800-285-5152. by Bob Roehr Benecke pointed out that “[S]ome of the newer onflicting decisions in the Steffan and cases have a better factual record, in large part Meinhold legal challenges to the ban because of information developed since Steffan on gay men and lesbians openly serv filed his case.” ing in the military apparently will be Keith Meinhold, on the other hand, solidified allowed to stand. The issue seems victory when the Justice Department an unlikely to go before the Supreme Court his at this nounced at a press conference Nov. 28 that it time. would not appeal to the Supreme Court his favor The U.S. Court of Appeals for the District of able decision in the 9th Circuit Court. The deci Columbia circuit upheld the expulsion of Mid sion was reportedly made by Solicitor General shipman Joseph Steffan from the U.S. Naval Drew Days. Academy in 1987 for saying that he was homo The Clinton administration itself has long sexual. been divided on the entire subject of gay men and The 7-3 decision, released Nov. 22, showed a lesbians in the military. The Department of Jus sharply divided court. Writing for the majority, tice, and Days in particular, would like to drop the conservative Judge Lawrence Silberman tartly matter entirely and allow sexual minorities to ruled against Steffan on the merits before taking serve. The Pentagon has taken a hard-line posi the unusual step of then ruling that Steffan in fact had no status to even bring the case. tion in opposition to service. Similar past conflicts had been resolved in the Silberman’s decision twice very pointedly derided the 9th Circuit de White House to the ben cision on Meinhold, both efit of the military. One in its text and in caustic can only speculate on footnotes. the role played by the “The Meinhold court new presidential legal also did not consider the advisor, Abner Mikva, rationality of treating all in deciding this round. persons who identify them Mikva was C hief selves as homosexuals as Judge of the D.C. court, likely violators of the pro and wrote the decision hibition on homosexual of the three-member conduct,” wrote Silber panel which last found man. (in December 1993) in ‘T he 9th Circuit, rather Steffan’s favor, ruling astoundingly in our view, the d iscrim in atio n rejected the exhaustion against him was uncon argument ...this sort of rea- stitutional. It was a soning would destroy the strongly worded, mov exhaustion-of-rem edies ing opinion, that was doctrine.... [It is] an ex immediately vacated by traordinary reversal of the the conservative major role of an appellate court.” ity in the en banc re The language seemed view. as if he were goading his M einhold’s attor colleagues: spotlighting J°sePh $teffan ney, John Maguire, wel disagreements and virtually challenging the par comed the Justice Department’s decision. How ties to take the Steffan and Meinhold cases to the ever, he said it reflected not a change in heart by Supreme Court to resolve the differences. the Clinton administration but “a change in strat “We were particularly disappointed with the egy which is no more or less gay-friendly than the vehemence [of the language],” said Beatrice previous strategy. They want to put all of their Dohm, legal director with the Lambda Legal eggs in the new policy basket.” Defense and Education Fund, which assisted in He said, “The fact that they are abandoning Steffan’s defense. She called many of Silberman’s Meinhold, I think, is more a reflection of the fact arguments circular. that they just figure, why fight an old policy we “It is not unusual for Silberman to write in this are not interested in defending anymore.” kind of inflammatory style,” said Michele On Nov. 21 Meinhold had been before Judge Benecke, co-director of the Servicemembers Le Terrence Hatter for the issuing of a final order in gal Defense Network. his case. The government wanted Hatter to limit “It would be far more credible if he did not the order to the old policy. Maguire argued that resort to such outbursts,” she continued. “They the 9th Circuit decision “didn’t distinguish be point to what I contend is the basis for the opinion, tween the old and the new policies.” Hatter con which is more a certain ideological stance rather curred and left the wording ambiguous, not ex than the facts of law. It certainly is an ideologi plicitly referring to either policy. cally driven opinion.” “Now that the order is uncertain, the govern Steffan himself was not commenting. He is ment risks the chance of being in contempt of now an officer of the federal court system, clerking court if it takes action against Meinhold under the for a judge in Newark, N.J. His lead attorney, new policy,” Maguire said. Marc Wolinsky, said they would thoroughly re The Navy has already warned Meinhold he view the case before making a decision as to could face new discharge proceedings if he pub whether or not to appeal to the Supreme Court. licly states he is gay. “It’s like, I’m going to Dohm asked, “As time gets further away and pretend you didn’t say that, just don’t say it he [Steffan] gets more involved in his career, again, " commented Maguire. “It is the theater of should he fight this forever or say enough is the absurd.” enough?” C