Court orders Air Force

to reopen Matlovich case

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WASHINGTON (AP) — A federal appeals court yesterday ordered the Air Force to reopen the case of Leonard P. Matlovich, discharged in 1975 after acknowledging he was a homosexual.

The appeals court made a similar ruling in the case of a Navy ensign.

Matlovich's discharge prompted nationwide protests from the gay community and Matlovitch, now living in San Francisco, became a prominent spokesman for gay rights.

"I have my fingers crossed that this will mean all gay people from now on will serve in the military just like everyone else," he said after the ruling.

Matlovich said he "absolutely" would return to the Air Force if it agreed to reinstate him soon. He has said he would like to be named to the San Francisco Board of Supervisors to replace the slain Harvey Milk, the city's first avowed gay supervisor.

The three-judge panel reversed

an earlier ruling by US District Judge Gerhard A. Gesell, who had upheld the discharge on grounds that there is no constitutional right to engage in homosexual activity

In an opinion written by Judge Oscar H. Davis, the appeals court said it does not challenge the right of the Air Force to discharge homosexuals.

But Davis said the Air Force had failed to give a "specific reason" why Matlovich should not have fallen under an exemption that allows some homosexuals to stay in the service.

There was no immediate word on what step the Air Force will now take or whether the government will appeal the decision to the Supreme Court.

The appeals court, in a companion case, ordered the Navy to review its discharge of Vernon E. Berg III, a Navy ensign, who following the Matlovich case also acknowledged being a homosexual.