Supreme Court lets gay Navy officer's dismissal stand

Lieutenant had challenged 'don't ask, don't tell' policy

WASHINGTON (CNN) -- The U.S. Supreme Court Monday let stand without comment a lower court ruling that President Clinton's "don't ask, don't tell" policy regarding gay and lesbian armed service members does not violate the Constitution.

The justices rejected the challenge of former Navy Lt. Paul Thomasson, who was discharged last year after he wrote a letter to his commanding officer saying "I am gay."

The court's action does not preclude a future review of the policy, and did not address the merits of the issue.

Thomasson had argued that his discharge under the policy -- which allowed gay and lesbian service members to continue to serve as long as they keep their sexual orientation private - - violated his constitutional rights to free speech.

A federal judge and a circuit court of appeals upheld Thomasson's discharge.

Thomasson's appeal argued that requiring gay and lesbian service members to keep their orientation private amounted to banning them just because some people are prejudiced against them. But Justice Department attorneys said the policy "does not embody an irrational prejudice against gays and lesbians."

The government does, its attorneys said, have "a legitimate interest in prohibiting homosexual acts in the military" to "avoid a risk to military effectiveness." A service member's statement that he or she is gay, the government said, can be used as evidence that he or she is likely to commit such acts, which are expressly prohibited in the military code of conduct.

The "don't ask, don't tell" policy was a compromise adopted after considerable controversy over Clinton's initial pledge to eliminate the military's long-standing ban on gay and lesbian service members.

Thomasson's discharged was based solely on the statement he made in the letter to his commander. The military presented no findings that he engaged in sodomy or other acts prohibited by the military's code of conduct.

Thomasson, who lives in the Washington, D.C., area, worked for the admiral who administered the "don't ask, don't tell" policy.

Both the prior outright ban on gay and lesbian service members and the compromise "don't ask, don't tell" policy are the subject of other court challenges. Earlier this month, a federal appeals court refused to rule on the validity of the earlier policy, citing its repeal and replacement by the current rule.

In July, an appeals court threw out a Brooklyn judge's decision that invalidated the "don't ask, don't tell" policy. The judge had ruled that the policy infringed on free speech rights. The appeals court ordered the judge to consider the constitutionality of the military's ban on sodomy when he reconsidered.

The Associated Press and Reuters contributed to this report.

Related stories:

• Court: Military gay case is moot - October 7, 1996
• Court orders ruling on U.S. military policy on gays - July 1, 1996
• Clinton may face gay protest - June 8, 1996

Related sites:

• United States Department of Justice
• Supreme Court Decisions from 1930 - 1975

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