ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, August 31, 1996 TAG: 9609030048
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: RICHMOND
SOURCE: Associated Press
The Justice Department has denied that it barred Virginia Military Institute from talking to service academies about how they integrated women into their ranks.
``We never said they can't talk to the service academies,'' spokesman Myron Marlin said. ``We said, `Let us know if they are going to do that.'''
The superintendent of VMI on Wednesday characterized the July 31 directive from Assistant Attorney General Deval L. Patrick as a gag order.
Patrick's order was ``foolish, reprehensible and possibly unconstitutional,'' Josiah Bunting told reporters. ``Anything in a free society that cuts off the free flow of information is inherently evil.''
State-supported VMI has been developing a coeducation plan since the Supreme Court ruled June 6 that its 157-year-old men-only policy was unconstitutional. The Justice Department had challenged the policy.
Marlin said it is routine for one side in a court case to contact the other side only through the adversary's attorney. He said the service academies, as part of the federal government, are clients of the Justice Department.
``This is just part of the process when you're in litigation,'' Marlin said in a phone interview.
He said it's fine that VMI wants such information, ``and we'll work with them in that process.''
Before contacting a service academy, VMI must tell the federal agency what it wants to know and why. The school must also get Justice Department approval before contacting the Defense Department.
Requests for information or consultations must be submitted ``in writing to counsel for the United States for prior consideration and decision,'' Patrick wrote.
As for past communications, ``we request that you submit a letter to us explaining in detail the nature and content of and the reasons for such contact,'' the letter says.
If VMI violated the order, Marlin said Friday, the information obtained by the Lexington school could be withheld from future court hearings on VMI's plan for complying with the Supreme Court ruling.
Bunting said
VMI is making a good-faith effort to comply with the Justice Department directive.
West Point and the Naval Academy admitted women 20 years ago. Communication with the academies and the Defense Department, which oversees VMI's extensive Reserve Officers' Training Corps programs, may be important in determining how best to integrate women, VMI maintains.
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