Appeals Court Orders Reinstatement of Gay Soldier

by ACLU

FOR IMMEDIATE RELEASE MAY 5, 1989

APPEALS COURT ORDERS REINSTATEMENT OF GAY SOLDIER

The U.S. Court of Appeals for the Ninth Circuit ordered the reinstatement of Sgt. Perry Watkins, an openly gay soldier with an examplary service record, in a case brought by the ACLU nine years ago to challenge the military's policy of excluding gay and lesbian persons.

The decision of the full court sidestepped the question of the constitutionality of the policy but ruled that the Army could not enforce the policy against Sgt. Watkins, since it had allowed him to re-enlist three times over a 14-year period despite knowledge of his homosexuality.

"We are extremely pleased by this decision," said Nan D. Hunter, Director of the ACLU's Lesbian and Gay Rights Project. "It is not only a complete victory for Perry Watkins, it is also a total repudiation of the rationale for the Army's exclusionary policy."

Hunter explained that in ruling to force the Army to re- enlist Watkins, the court found that he was a highly "respected and trusted" soldier, and ruled that his military service "greatly benefitted the Army and therefore the country."

"This finding shatters the stereotype that gay soldiers cannot work effectively with other soldiers, or that simply having them in the armed services will have a harmful effect on morale and discipline," said Hunter.

"Although the court did not reach the broader issue, it did specifically rule that reinstating this openly gay soldier would have no harmful effect on the military mission, and that ruling completely undercuts the Pentagon's position that homosexuality is incompatible with military service," added Hunter.

Watkins has been represented throughout the lawsuit by ACLU cooperating attorney James Lobsenz of Seattle.

For more information, contact:

Nan D. Hunter - (212) 944-9800, ext. 545

James Lobsenz - (206) 467-9088