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- <text id=94TT0775>
- <title>
- Jun. 13, 1994: Justice:Military Ins and Outs
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Jun. 13, 1994 Korean Conflict
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- JUSTICE, Page 66
- Military Ins and Outs
- </hdr>
- <body>
- <p> The Pentagon ponders its options after a court orders the reinstatement
- of a gay National Guard colonel
- </p>
- <p>By David Van Biema--Reported by Ellis E. Conklin/Seattle and Mark Thompson/Washington
- </p>
- <p> Some would suggest it was a silly question to bother her with,
- at this stage in a brilliant career; a little like pestering
- a star athlete who has led his team to a brace of championships
- about his religious preference. National Guard Colonel Margarethe
- Cammermeyer had earned a Bronze Star for supervising a hospital
- during the Vietnam War; in 1985 the Veterans Administration
- named her Nurse of the Year over 34,000 other candidates; and
- most recently, she had served as chief nurse of the Washington
- National Guard. But somebody's curiosity got the better of him:
- during a security clearance in 1989 for her admission to the
- Army War College, Cammermeyer was quizzed about her sexual preference.
- And so she answered: she is gay.
- </p>
- <p> Her subsequent discharge from the armed forces in 1992 attracted
- headlines around the country and eventually helped persuade
- the Clinton Administration to change its policy on gays in the
- military last year. At the time, her superiors fought her ouster;
- on the day of her departure, her commanding officer wept. And
- last week Federal District Judge Thomas S. Zilly ordered her
- reinstated. The judge, a Reagan appointee, explained that the
- old military policy was "based on heterosexual members' fear
- and dislike of homosexuals." Given the Constitution's equal-protection
- clause, Zilly continued, such feelings "are...impermissible
- bases for governmental policies." Said a jubilant Cammermeyer:
- "This is what we've been waiting for. We won!"
- </p>
- <p> The battle, if not the war. Zilly's decision was the seventh
- lower-court ruling against the old military rules on homosexuality;
- and, like several of the other decisions, it has implications
- for the new regulations negotiated by Bill Clinton and Senator
- Sam Nunn last summer. The events that led to Cammermeyer's discharge
- might not have occurred under the new "don't ask, don't tell"
- policy, since she might never have been asked. But her answer
- would break the new as well as the old regulations. The current
- policy holds that although homosexual "status" is theoretically
- permissible, admitting to it signals an impermissible intent
- to engage in homosexual "conduct."
- </p>
- <p> Judge Zilly's ruling heartened gay-rights activists. "Change
- in this policy is inevitable," said Joseph Steffan, whose 1987
- expulsion from the U.S. Naval Academy on similar grounds was
- overturned by an appeals court late last year. "The only question
- is when, and decisions like this lead to the conclusion that
- it may be sooner rather than later." The military itself seems
- torn about whether to appeal the Cammermeyer verdict. "We have
- to press ahead," said one official. "If we let this decision
- stand...we'd be barred from enforcing our own policy." Yet
- Pentagon spokesman Dennis Boxx was more cautious. "We disagree
- with the judge's conclusions in the Cammermeyer case," he said,
- but "we need to look very hard--along with the Justice Department--to see how far we want to pursue that disagreement."
- </p>
- <p> The hidden reference in that statement was doubtless to the
- Supreme Court, which is expected to encounter several appeals-court
- rulings on both the old and new rules on military homosexuality
- in the next few years. Which case it chooses to hear and how
- it rules may well be the final word on the topic for some time.
- Until then, admits Tanya Domi, a retired Army captain who is
- now legislative director for the National Gay and Lesbian Task
- force, "we're stuck. You have to continue to hide and lie."
- </p>
- </body>
- </article>
- </text>
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