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

DATE: FRIDAY, March 31, 1995                   TAG: 9503310086
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-1   EDITION: METRO 
SOURCE: Los Angeles Times
DATELINE: NEW YORK                                LENGTH: Medium

JUDGE REBUFFS MILITARY

A federal judge struck down as unconstitutional Thursday the government's ``don't ask, don't tell'' policy of allowing gays and lesbians to serve in the military only if they keep their sexual orientation to themselves.

Ruling in the case of six homosexual service members, U.S. District Judge Eugene H. Nickerson of Brooklyn held that the controversial policy violated their rights to free speech and equal protection under the law.

He ordered the Defense Department to stop enforcing its year-old policy against the six service members - a ruling that now throws into grave doubt the guidelines that Congress and the Clinton administration had hoped would provide equal treatment for homosexuals and heterosexuals in the military.

The judge took particular aim at the Pentagon's argument that allowing gays to serve in uniform will seriously disrupt troop cohesiveness and morale. Rather, he concluded that the opposite occurs when any enlisted man or woman keeps secrets from comrades.

``If there is one thing that is undisputed and seems self-evident, it is that cohesion depends on mutual trust within the unit,'' the judge wrote.

``The honor code for service members provides that they will not lie or cheat, and for good reason. Honesty is a quality that attracts respect. Secrecy and deception invite suspicion, which in turn erodes trust, the rock on which cohesion is built.''

Nickerson described the policy as ``nothing short of Orwellian'' because it equates sexual orientation with misconduct.

``To presume from a person's status that he or she will commit undesirable acts is an extreme measure,'' he said. ``Hitler taught the world what could happen when the government began to target people not for what they had done but because of their status.''

Gay and lesbian organizations and the American Civil Liberties Union, whose legal defense brought the lawsuit challenging the government's policy, hailed the ruling as a breakthrough for fairness for the entire military community.

The Pentagon appeared undaunted after learning of the ruling. Defense officials asked the Justice Department to appeal the decision.

``We believe our policy is constitutional, and we intend to defend the policy,'' said Ken Bacon, chief spokesman for the Department of Defense.

``We investigate every charge we get about unfair application of the policy, and we have not found that the policy has been applied unevenly or unfairly. It seems to be working very well from the standpoint of the commanders. That has been our experience, and it remains our experience.''

by CNB