THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Tuesday, December 5, 1995              TAG: 9512050359
SECTION: FRONT                    PAGE: A2   EDITION: FINAL 
DATELINE: RICHMOND                           LENGTH: Short :   34 lines

PANEL TO REVIEW POLICY ON GAYS IN THE MILITARY

A federal appeals court is scheduled to review the Clinton administration's ``don't ask, don't tell'' policy on gays in the military today.

All 13 full-time judges at the 4th U.S. Circuit Court of Appeals will hear the case, the first challenge to the policy to be heard in a federal appeals court.

The appeals court is expected to rule early next year. No matter what the court decides, the issue is expected to wind up before the U.S. Supreme Court.

The case involves former Navy Lt. Paul Thomasson, who claims he was wrongfully discharged after he told his commander he was gay.

Thomasson lost his challenge on the first round in the court system. U.S. District Judge Claude M. Hilton of Alexandria upheld the policy this year and said it does not run afoul of constitutional guarantees of equal protection and free speech.

The Clinton policy declares that homosexuals may serve in the military, but they cannot publicly disclose their homosexuality. The military also cannot ask recruits about their sexual orientation or purge gays from service unless they disclose their homosexuality.

KEYWORDS: GAYS IN THE MILITARY APPEAL HOMOSEXUALS by CNB