THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, November 1, 1995 TAG: 9511010461
SECTION: FRONT PAGE: A12 EDITION: FINAL
SOURCE: BY DALE EISMAN, STAFF WRITER
DATELINE: WASHINGTON LENGTH: Medium: 57 lines
A Norfolk-based sailor on Tuesday lost a key court test in his bid to overturn the military's policy banning service by avowed homosexuals.
Lt. j.g. Richard ``Dirk'' Selland could be expelled from the Navy in the wake of the ruling in Baltimore upholding the military's ``don't ask, don't tell'' policy toward homosexuals. Selland said he'll seek a stay of the decision by Senior U.S. District Judge Joseph H. Young so he can remain in the service pending appeal. The stay could come either from Young or the 4th U.S. Circuit Court of Appeals in Richmond, which will hear the appeal.
The Navy was in the midst of proceedings to expel Selland last spring when Young granted an injunction to stop any action while the case was being litigated.
Tuesday's ruling clearly was a surprise to Selland, who described it as ``a disappointment for me.'' Young's initial approval of the injunction, and his decision this fall to rule based on written pleadings from both sides, rather than to hear additional evidence in court, had fueled optimism about the case among gay-rights activists.
Selland, who challenged the ``don't ask, don't tell'' policy on several legal grounds, said he understood that Young ruled for the Navy on all counts. The specifics of the judge's ruling were not available Tuesday; the opinion was expected to be released publicly this morning.
Selland, a Maryland resident, is a supply officer assigned as a deputy director of the Fleet Industrial Supply Center in Norfolk. He is the top uniformed officer in the center's small-purchases division.
Selland first declared his homosexuality almost three years ago, when he was assigned to the submarine Hammerhead in Norfolk. He has said he came forward because he expected the newly elected Clinton administration to lift the military's ban on service by gays.
Selland was ordered off the Hammerhead within hours of his disclosure and has had a series of on-shore billets since. His work has been praised consistently by his supervisors, but the Navy has refused to promote him, citing his public challenge to the policy on gays.
The policy, one of the most contentious issues of the Clinton presidency, allows gays to serve if they keep their sexual orientation a secret and do not engage in homosexual acts. A service member's statement that he or she is gay, however, creates a legal presumption that the member has committed or intends to commit homosexual acts.
The Navy has never presented evidence that Selland has engaged in homosexual acts. He contends that by attempting to dismiss him solely based on his statements, the service is violating his right to freedom of speech.
A three-judge panel of the appeals court upheld the policy in a decision this summer but the full court has agreed to a rehearing, set for Dec. 5 in Richmond.
KEYWORDS: RULING HOMOSEXUAL GAYS IN THE MILITARY U.S. NAVY by CNB