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Nearer to Victory Day
“Don’t ask, don
’ttell” is declared unconstitutional
v
by Bob Roehr
were elated with the decision. “It is an impoitant
he “new” ban on gay men and lesbi
first step,” said Matthew Coles, director of the
ans serving in the military is uncon
American
Civil Liberties Union’s National Les
stitutional. It violates First Amend
bian and Gay Rights Project and one of the lead
ment rights to free speech and Fifth
Amendment rights to equal protec attorneys on the case.
“It is a very strong decision, especially where
tion, declared federal Judge Eugene H. Nickerson
he
goes
into the prejudice basis of the rationale
from his Brooklyn courtroom on March 30.
[for the policy]—the fact that when you boil it
The ruling came in Able vs. USA, the first legal
down,
that is all there is,” said Beatrice Dohm.
challenge to the law passed by Congress in late
She is legal director with the other lead group in
1992, that mandated the ban. Six active-duty and
the
suit, the Lambda Legal Defense and Educa
reserve service members had brought the suit.
tion Fund.
“Congress may not enact discriminatory leg
Officials at the Justice and Defense depart
islation because it desires to insulate heterosexual
ments continue to defend the policy and have
service members from statements that might ex
indicated that they will appeal this decision. They
cite their prejudices,” Nickerson wrote.
have 60 days to make that request to the 2nd
“The policy of the act is not only inherently
Circuit Court of Appeals. Most observers have
deceptive, it also offers powerful inducements to
maintained all along that the issue of lesbians and
homosexuals to lie.”
gay men in the military will only be resolved by
He dismissed the government’s argument that
the Supreme Court.
having openly gay and lesbian members serve in
Critics on the far right continue to attack the
the military would infringe on the privacy of
Clinton administration for not defending the ban
heterosexuals and reduce “unit cohesion.”
with sufficient vigor. For Elaine Donnelly, presi
“What the court deems extraordinary is the
almost total lack of concern [on the part of the
dent of the policy group Center for Military Readi
Pentagon] as to the impact on unit cohesion of the
ness, ‘The regulations are designed to fail, so the
courts will do the dirty work for them [the admin
attempt to enforce secrecy on homosexuals and to
istration].”
enlist them in the perpetuation of that hoax on
heterosexuals. Common sense suggests that a
Meanwhile, the Pentagon will continue to
policy of secrecy, indeed what might be called a
enforce the “don’t ask, don’t tell” policy against
policy of deception or dishonesty, will call unit
other service members. The decision applies only
cohesion into question.”
to the six plaintiffs in the case.
Nickerson wrote, “Hitler taught the world
“That is one thing that service members who
what could happen when the government began
are gay need to understand about this decision,”
to target people not for what they had done but
said Dixon Osbum of the Servicemembers Legal
because of their status.”
Defense Network. “They are still going to be
Sexual minority and civil rights advocates
kicked out if they make a statement today.”
T
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H IV p a r tic ip a n ts
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to stu d y th e
Annual lesbian pilgrimage
attracts 25,000
Lesbians took over Palm Springs, Calif., March
24-26 in the annual pilgrimage to the myriad dyke
events that have sprung up around the Dinah
Shore women’s golf tournament.
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Dinah Shore
Tourism officials estimate 25,000 lesbians
converged on the city, renting entire hotels—
including the largest one, the 500-room Riviera
Resort.
The San Jose (Calif.) Mercury News called it
“the largest convening of lesbians in the world.”
“Palm Springs looks like some surreal land of
the Amazons, where only women occupy chaises
longues at hotel pools, only women fill tables at
restaurants, only women are getting off planes at
the city’s airport,” the newspaper wrote.
The rest of the year, Palm Springs is a major
playground for gay men.
From wire reports
Protesters arrested
in Kentucky
Twenty-three supporters of Louisville’s pro
posed Employment Non-Discrimination Ordi
nance were arrested March 28 at Louisville’s City
Hall on charges of criminal trespass, after refus
ing to leave aldermanic chambers following a 7-
4 vote by the city’s Board of Aldermen against the
proposal.
The bare-bones proposal would have prohib
ited discrimination based on sexual orientation in
the area of employment only and would have been
applicable to any business with over two employ
ees. Carefully worded to appease religious right
opponents, it exempted religious institutions, in
cluding churches and schools, and even had a
provision noting that it was not intended to “pro
mote homosexuality.”
Protesters stood quietly in a pre-planned dem
onstration, holding yellow paper signs that said
“Waiting for Justice.” (The chamber holds about
145 people). Louisville Chief of Police Doug
Hamilton was finally summoned to warn the
crowd that if they didn’t leave in five minutes they
would be cited for criminal trespass. After about
half the protesters left, those that remained sat
silently.
The protesters were booked and then released
several hours later on their own recognizance.
David Williams