
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, September 8, 1993                   TAG: 9309080130
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Medium

GAY MARINE FILES SUIT, SEEKING REINSTATEMENT

A gay Marine discharged after publicly declaring his homosexuality sued the government Tuesday, asserting violation of his constitutional rights to due process, equal protection and free speech.

Encouraged by President Clinton's announced intention Jan. 29 to lift the ban on military service by homosexuals, Sgt. Justin Elzie told ABC News in an interview that day at Camp Lejeune, N.C., that he is gay, according to Elzie's lawsuit filed in U.S. District Court.

Two weeks later, a Marine colonel informed Elzie that because of the remarks about his sexual orientation, he no longer would be allowed an honorable release from the Marines with full benefits - which Elzie had been planning for since December 1992.

Elzie is seeking full reinstatement and an order from U.S. District Judge Stanley Sporkin declaring the discharge invalid. Elzie says that Marine Corps regulations don't authorize involuntary discharge solely on the basis of sexual orientation.

In Elzie's 11-year Marine career, superiors have given him consistently high marks for recruiting, embassy guard work and as a supply officer, according to the lawsuit against Defense Secretary Les Aspin, Navy Secretary John Dalton and Marine Corps Commandant Gen. Carl Mundy.

Elzie was selected Marine of the Year for the Third Medical Battalion and for the Third Force Service Support Group in 1989, says the lawsuit.

Amid the flap over Elzie's remarks, the Marines offered him a voluntary separation, but with his benefits delayed pending final action by Clinton on the ban on homosexuals in the military.

The 31-year-old Elzie rejected the offer. He needs the $25,000 in benefits so that he can go to college, said his attorney, Lanny Breuer.

"As far as I know, this is the first suit filed by a Marine based on discharge for homosexuality and it is definitely the first lawsuit [by a Marine] filed since the compromise was reached regarding the status of gays in the military," said Breuer.

A five-member Marine Corps board met this spring under Marine regulations which authorize discharge for homosexuality.

Elzie argued that without a showing that he had a propensity to engage in homosexual conduct, he could not be lawfully discharged. But the board - while acknowledging that he had been an "exemplary Marine" - rejected his argument and recommended discharge.

by CNB