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FOR IMMEDIATE RELEASE
MAY 5, 1989
APPEALS COURT ORDERS REINSTATEMENT OF GAY SOLDIER
The U.S. Court of Appeals for the Ninth Circuit ordered the
reinstatement of Sgt. Perry Watkins, an openly gay soldier with
an examplary service record, in a case brought by the ACLU nine
years ago to challenge the military's policy of excluding gay and
lesbian persons.
The decision of the full court sidestepped the question of
the constitutionality of the policy but ruled that the Army could
not enforce the policy against Sgt. Watkins, since it had allowed
him to re-enlist three times over a 14-year period despite
knowledge of his homosexuality.
"We are extremely pleased by this decision," said Nan D.
Hunter, Director of the ACLU's Lesbian and Gay Rights Project.
"It is not only a complete victory for Perry Watkins, it is also
a total repudiation of the rationale for the Army's exclusionary
policy."
Hunter explained that in ruling to force the Army to re-
enlist Watkins, the court found that he was a highly "respected
and trusted" soldier, and ruled that his military service
"greatly benefitted the Army and therefore the country."
"This finding shatters the stereotype that gay soldiers
cannot work effectively with other soldiers, or that simply
having them in the armed services will have a harmful effect on
morale and discipline," said Hunter.
"Although the court did not reach the broader issue, it did
specifically rule that reinstating this openly gay soldier would
have no harmful effect on the military mission, and that ruling
completely undercuts the Pentagon's position that homosexuality
is incompatible with military service," added Hunter.
Watkins has been represented throughout the lawsuit by ACLU
cooperating attorney James Lobsenz of Seattle.
For more information, contact:
Nan D. Hunter - (212) 944-9800, ext. 545
James Lobsenz - (206) 467-9088