OCTOBER 1975
HIGH GEAR
BOLD MANEUVERS THE MATLOVICH STORY
The drama enfolded on Tuesday, the sixteenth of September, 1975.
The scene: a courtroom, housing an Air Force tribunal at Langley Air Force Base in Hampton, Virginia.
The cast of characters: two majors, two lieutenant colonels, and one colonel, all members of a discharge board; Sergeant Leonard P. Matlovich, 32, the defendant; Susan Hewmann, an American Civil Liberties Union lawyer, representing Matlovich; Colonel James Applegate, military prosecuting attorney; Robert E. Shank, the board's presiding officer who serves in the capacity of a civil court judge; A host of witnesses...
The question: Is the statue banning homosexuals from the military an unconstitutional invasion of the right to privacy?
Scene I
Opening statements...
Susan Hewmann: "We are here for one purpose and one purpose only to request that you overturn the Air Force ban on homosexuals which is a direct infringement on the constitutional rights to privacy. The Air Force regulation calling for automatic discharge of homosexual servicemen is unlawful because of its im-
-
position of the morality of the majority on its employees'."
Applegate: representing the government, in response: "The presence of homosexuals in military ranks can only hamper recruitment, destroy morale, and offer foreign agents a chance for blackmail. The ban must not be removed."
First witness, Lt. Col. John Schofield Jr., Matlovich's superior while he was stationed at Hurlburt Field in Florida: "I am concerned about the impression Matlovich's
homosexuality might have on members of the race relations class he teaches."
Applegate: "What effect has Matlovich's admission of homosexuality had on his ability as a serviceman?"
Schofield: "I consider his ability to be totally impaired."
Called to the stand next are two unidentified enlisted men who had worked with Matlovich in 1971 as race relations instructors in Florida.
Enlisted Man No. 1: "I have known of Sergeant Matlovich's homosexuality for some time; but felt then as I do now that it does not affect his ability to instruct.'
"1
Enlisted Man No. 2: "Sir, quite honestly, if Sergeant Matlovich was the non-commissioned officer in charge, I would gladly follow his orders and respect his
decisions."
Close questioning of the five officers on the board ensues to ascertain whether any had formed prior opinions in the case. Each claims he has not.... The hearing is adjourned for the day.
Scene II
September 17, 1975
Matlovich Profile
Sergeant Leonard P. Matlovich, 32 years old, male; son of an Air Force sergeant; served twelve years in the Air Force, including three tours in Vietnam and received the Purple Heart after he was wounded. Presently, he is an instructor in race relations in Langley Air Force Base; he is a self-admitted homosexual.
Preliminaries...
The government sought and won the removal of two members of the five officer panel, claiming they could not be fair and impartial judges. Three remain. Matlovich takes the stand.
Matlovich: "I would never have chosen this life-style. But I don't have that choice. I have to live with myself."
Applegate: "If the board chooses to retain you in the Air Force, would you publically contract with us to be celibate and not practice homosexuality
while in the service?"
Matlovich: "Absolutely not, I am going to go out and do what homosexuals do."
September 18, 1975
The defense calls Dr. John W. Money, a psychologist and expert on sexuality:
Money: "It is my professional opinion that Sergeant Leonard Matlovich would not be a security risk or pervert other servicemen if permitted to remain in the military. Once the die is cast, it's impossible to turn the clock back.
The presiding officer informs the panel that they are to consider only two questions in reaching their decisions:
1) whether Matlovich's homosexuality interfered with his ability to perform military service and 2) whether "most unusual circumstances" existed that would justify keeping him in the Air Force.
In final arguments, prosecutor Applegate makes a point of saying: "Such unusual circumstances cannot exist as long as Matlovich says he will continue to do what homosexuals do." ...Ms. Hewmann states that the defense rests on the constitution.
As Matlovich leaves the hearing room, he tells reporters, "Things seem to be going very well now. I'm much more optimistic than in the past. The hearing has been extremely fair and impartial."
Scene IV
September 19, 1975
Page 11
As the room is called to order, Matlovich and his attorneys sit with expressionless faces, anticipating the decision. The presiding officer reads the verdict of the three men administrative discharge board:
"With the power invested in us by the U.S. Air Force. we deny Sergeant Leonard P. Matlovich's request to stay in the Air Force and recommend that he be given a general discharge."
The stunned defendant and his lawyers are immediately converged upon by hungry reporters at an impromptu news conference.
Said Ms. Hewmann: "We assumed that throughout the hearing that the worst the board would do to an airman with Matlovich's record would be to give him an honorable discharge. Now only a decision by Air Force Secretary John L. McLucas that he be retained can keep this case out of the federal courts."
A smiling Matlovich does not appear defeated as he holds up a Bicentennial half dollar and observes: "It says 200 years of freedom. Not yet but it will be some day."
With a determined look, Matlovich leaves the news conference with his friends, many of them homosexuals and in uniform to drink beer at the Cue bar in Norfolk.
End of Act 1. The drama is yet to be consummated.
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