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- <text id=93TT0542>
- <title>
- Nov. 29, 1993: Conduct Unbecoming?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Nov. 29, 1993 Is Freud Dead?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 67
- Conduct Unbecoming?
- </hdr>
- <body>
- <p>The Pentagon loses a round as the gays-in-the-military controversy
- heads for the Supreme Court
- </p>
- <p> Few midshipmen at Annapolis shone as brightly as Joseph Steffan.
- He not only ranked among the top 10 in his class at the U.S.
- Naval Academy in 1987 but as a battalion commander, had under
- his command one-sixth of the school's students. Then, just six
- weeks before graduation, Steffan told a fellow midshipman that
- he was gay. Although there was no evidence that Steffan had
- ever engaged in a homosexual act, a disciplinary board determined
- that his sexual orientation was reason enough for discharge.
- Academy officials downgraded Steffan's military performance
- from A to F, and Steffan was forced to resign.
- </p>
- <p> Last week a federal appeals court rearranged that report card:
- Steffan got an A; the military got an F. After concluding that
- Steffan's constitutional rights had been violated, a three-judge
- panel ordered that the 29-year-old former midshipman be granted
- a diploma and commissioned as a second lieutenant. As for the
- military's aversion to gays, the panel offered a rebuke so stinging
- that there is question whether the Pentagon's new policy of
- "Don't ask, don't tell" will be able to withstand constitutional
- scrutiny. "America's hallmark has been to judge people by what
- they do, and not by who they are," wrote Chief Judge Abner Mikva.
- "It is fundamentally unjust to abort a most promising military
- career solely because of a truthful confession of a sexual preference
- different from that of a majority, a preference untarnished
- by even a scintilla of misconduct."
- </p>
- <p> As Steffan enjoyed his sweet vindication, the new policy toward
- gays, folded into Congress's proposed $261 billion military
- budget, reached the Oval Office for the President's signature.
- Caught off guard by the court's verdict, Pentagon spokeswoman
- Kathleen DeLaski insisted that the "Don't ask, don't tell" policy
- was still on track because the Steffan decision applied to the
- old 1982 policy, which in effect warns gays, "Don't even think
- about it." But White House spokeswoman Dee Dee Myers vaguely
- allowed that the ruling does have implications for the new policy.
- </p>
- <p> Gay advocates, now including prestigious law firms, are determined
- to prove Myers right. Steffan's case, which the Pentagon can
- appeal, is just one of 50 wending their way through the court
- system in hopes of upsetting the Pentagon policy. They variously
- attack the policy as violating the due-process, equal-protection
- and free-speech rights of gay soldiers. As a collective challenge,
- the cases seek to remove gay rights from the political arena
- and force a judicial review by the Supreme Court. The strategy
- is evocative of the civil-rights struggle, which in the 1950s
- turned to the Supreme Court to rectify racial injustices.
- </p>
- <p> More and more, the courts are being prodded to legitimize a
- sea change in societal norms that legislators have refused to
- recognize. One day after the Steffan decision, a New York court
- ordered the state university's law school in Buffalo to halt
- campus interviews by military recruiters, because, said Judge
- Diane Lebedeff, "there is no dispute the military currently
- engages in sexual-orientation discrimination in its employment
- practices." With two such clear strikes against the Pentagon's
- practices, it is only a matter of time before the Supreme Court
- takes up the issue.
- </p>
- <p> By Jill Smolowe. Reported by Bruce van Voorst/Washington
- </p>
-
- </body>
- </article>
- </text>
-
-