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

DATE: SATURDAY, October 9, 1993                   TAG: 9310090160
SECTION: NATL/INTL                    PAGE: A-2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: SAN FRANCISCO                                LENGTH: Medium

APPEALS COURT UPHOLDS ORDER HALTING GAY BAN

A federal appeals court left in place a judge's order banning discrimination against gays in the military, rejecting the Defense Department's request for an emergency stay.

A three-judge panel of the 9th U.S. Circuit Court of Appeals issued the unanimous order Friday denying the Defense Department's requests to either suspend or immediately overrule the Sept. 30 decision by U.S. District Judge Terry Hatter Jr. of Los Angeles.

Earlier Friday, Defense Department General Counsel Jamie Gorelick said the Pentagon would appeal directly to the Supreme Court if it encountered any significant delay in the appeals court.

In the meantime, the Defense Department suspended its ban on homosexuals serving in the military while it pursues the case.

"No administrative action will be taken based solely on a servicemember's homosexual orientation or statements of homosexuality," an Oct. 1 memo by Assistant Defense Secretary Edwin Dorn said.

By taking that position, the department is acknowledging its well-established obligation to follow a judge's nationwide injunction, said John McGuire, the attorney for a gay sailor whose lawsuit led to the ruling.

In asking the court to suspend Hatter's ruling, Justice Department lawyers said it would "seriously interfere with management of day-to-day military affairs."

The appeals court's order did not comment on the merits of the case. But McGuire said the order "demonstrates a certain degree of confidence by the appeals court in Judge Hatter's finding."

The Pentagon delayed implementation of President Clinton's "don't ask, don't tell, don't pursue" policy on Oct. 1 while it awaited congressional action on the issue and dealt with the court challenges.

The department said that for the time being, the interim policy Clinton ordered in January would continue. That policy stops the practice of questioning recruits about their sexual orientation and transfers to reserve status those who declare their homosexuality.

But Dorn's memo halts transfers as well as discharges.

by CNB