THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, March 19, 1995 TAG: 9503190030
SECTION: FRONT PAGE: A11 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: SEATTLE LENGTH: Short : 43 lines
The Navy is free to discharge a gay sailor who said he engaged in homosexual acts and will continue to do so, a federal judge has ruled.
Lawyers for Petty Officer 2nd Class Mark A. Philips had argued that President Clinton's ``don't ask, don't tell'' policy violates First Amendment guarantees of free speech, Fifth Amendment guarantees of equal protection and Philips' right to privacy.
A Navy board of inquiry had recommended in December that Philips, who works as a machinist's mate on a nuclear submarine, be discharged.
U.S. District Judge William Dwyer reluctantly sustained that position in his ruling Friday, saying the current policy is ``a modest step toward tolerance.''
``They still result, however, in a loss to the nation of soldiers and sailors who serve with honor.''
Philips' lawyer, Jett Whitmer, said he would appeal, but that his client may be discharged at any time.
``I thought we really put forward a good case, but I guess it wasn't enough,'' said Philips, currently stationed at the Navy's Trident submarine base at Bangor, 15 miles west of Seattle.
Philips was serving aboard the Bremerton-based supercarrier Nimitz when he disclosed his homosexuality to his commanding officer and a local newspaper shortly after President Clinton was elected in November 1992.
Clinton had vowed to end the military's ban on homosexuals.
In December 1992, while responding to questions from his ship's legal officer, Philips said he would continue having sex with men.
In July, a Navy panel recommended Philips be honorably discharged under the policy, which took effect Feb. 28, 1993. by CNB