Army can't ban lesbian

by Lisa M. Keen

For the second time in nine years, a U.S. district court judge in Wisconsin has declared that the Army's policy of banning lesbian Sgt. Miriam BenShalom is unconstitutional.

In a 22-page decision issued January 10, Judge Myron Gordon ruled that the Army could not, simply because of her status as a homosexual, ban Ben-Shalom from re-enlisting in the Army Reserves. In May, 1980, another U.S. district court judge for the Eastern District of Wisconsin said it was unconstitutional for the Army to discharge Ben-Shalom because of her status.

According to Judge Gordon's opinion, the only significant difference between the issue in the first case and the latest one is the rewording of the Army regulation used against BenShalom. In the earlier discharge case, the regulation stated a prohibition against any soldier who engaged in

homosexual activity or who "evidences homosexual tendencies, desire, or interest, but is without overt homosexual acts." The reworded regulation eliminated the specification concerning "tendencies" and "interest" but still enabled the Army to remove persons who indicate by statements that they have a "desire" for homosexual conduct.

"Just as was the case in BenShalom I," wrote Gordon, "the court today 'can see no detrimental effect on any legitimate military interest caused by a soldier who merely "evidences" a "desire or interest" in most anything, including homosexuality."

"The court is asked," said Gordon, "to rely on the 'obvious connection' and to use 'commonsense'. In this context, the word 'commonsense' amounts to little more than a euphemism for prejudice. The court must decline to give such bias a sanctuary in our constitutional jurisprudence."

Gordon then declared the regu-

NGRA anti-violence project

National Gay Rights Advocates has announced the formation of an Anti-Violence Litigation Project. Project attorneys will initiate litigation against perpetrators of anti-gay and lesbian violence, publish a manual to assist other lawyers in bringing civil suits, and offer technical assistance to prosecutors. NGRA will also publish a pamphlet for the increasing number of victims of "gay-bashing", explaining their legal rights and options.

Cynthia Goldstein, NGRA staff attorney and project director said: "Recent studies show lesbians and gay men are being verbally and physically assaulted---and even murdered---in record numbers. The community is angry and fed up. Using the legal system and litigation tools as our weapons, we will fight this senseless violence and send these criminals to jail where they belong.

NGRA Executive Director Jean O'Leary commented: "As the gay and

in-

lesbian community becomes creasingly vocal, and the hysteria linked to the AIDS epidemic rises, acts of violence against gay men and women escalate. NGRA intends. to send a strong message to these bigots and bashers that their harassment and violence will not be tolerated.

The litigation manual will provide model forms of commonly needed documents, jury selection techniques, and strategies for overcoming many of the hurdles confronting gay and lesbian litigants. The pamphlet for lay people will answer a variety of questions frequently raised by victims of anti-gay and lesbian violence.

NGRA will work closely with Community United Against Violence, a San Francisco-based support organization for victims of anti-lesbian and gay violence, the Anti-Violence Project of the National Gay and Lesbian Task Force in Washington, D.C., and with the New York City Gay and Lesbian Anti-Violence Project. ▼

Health guide out

The National Lesbian and Gay Health Foundation has published the second edition of The Sourcebook on Lesbian-Gay Health Care. The Sourcebook is the only comprehensive health care directory and resource book for lesbians and gay men. It contains more than 2,000 listings of doctors, clinics, counseling services and research centers that specialize in lesbian and gay health issues. The Sourcebook directory covers every state in the United States as well as Canada, Switzerland and the United Kingdom.

"While the Sourcebook includes the most comprehensive information and listing of doctors and clinics treating people with AIDS," said Ellen Ratner, president of the NLGHF, "this publication goes far beyond AIDS. The directory provides information on every conceivable health issue that a lesbian or gay man might confront: such as psychotherapy, support groups, chemical dependency and other addictions,

rape counseling, menstrual disorders, holistic treatment, and plain old basic preventive health care."

"The articles contained in the Sourcebook represent a highly intellectual and objective investigation into the crucial health problems facing the lesbian and gay community," explained Michael Shernoff, a co-editor of the Sourcebook. "We've needed an interdisciplinary volume of this magnitude for a long time. It's an important step toward our goal of equal access to quality health care for all people. The articles in the Sourcebook are not gay and lesbian health 101. They were chosen for the lesbian and gay consumer of health services as well as for the professional seeking state-ofthe-art information relevant to his or her patients," Shernoff added.

The Sourcebook, which sells for $14.00, is available in bookstores or by contacting the NLGHF, P.O. Box 65472, Washington, D.C., 20035, phone 202-797-3708. ▼

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lation to be in violation of the sergeant's First Amendment right to free speech and Fifth Amendment right to equal protection.

Gordon, a Johnson appointee, went even further, however, adding strong language to substantiate his claim that the Army regulation was based on "prejudicial stereotypes" and agreed with an historic 9th Circuit U.S. Court of Appeals panel decision that gays and lesbians constitute a "suspect class." In the legal arena, a "suspect class" is any class of people who are historically subjected to "purposeful unequal treatment" or who are in positions of "political powerlessness." Gordon also took the unusual step of ruling that Ben-Shalom could file for attorney's fees against the government, a benefit that generally requires a special request and which must prove that the government's position was "not substantially justified."

"We were pleasantly surprised," said Ben-Shalom's attorney, Patrick Berigan. He added, however, that he would be "absolutely shocked" if the Army did not appeal Gordon's opinion in the case. The government has 60 days to file for an appeal. The govern-

ment did appeal the district court decision in Ben-Shalom's discharge case, but lost.

Frank Kameny, a Washington, D.C. activist who has helped numerous gays seeking to retain top-security civilian jobs with federal agencies, including military branches, called Gordon's decision "superb," but said that he was concerned about this decision and the 9th Circuit panel decision concentrating so heavily on homosexual status. If the courts eventually carve out protections in the military for celibate gays, said Kameny, "it will be leaving uniformed and nonuniformed gays unequal."

"This decision," said Kameny, "drives a much-needed nail into the military's anti-gay policy, but a lot more nails are needed."

Crucial to the gay challenge of the military's anti-gay policy is the full 9th Circuit court rehearing of the Perry Watkins v. U.S. Army case. That case, which had its oral arguments in October, also deals with homosexual orientation and not conduct.

Reprinted with permission from the Washington Blade.▼

WRAF awards grants

The Western Reserve AIDS Foundation distributed grants totaling over $125,000 at the end of 1988.

Six grants will support a range of Cleveland-area programs in supporting and developing patient care services, research, and education for the prevention of AIDS.

The announcement was made by Dr. Peter Beebe, president of the Foundation and a private psychologist. Dr. Beebe said that requests for proposals generated sixteen inquiries seeking a total of nearly $520,000.

The grants awarded involved:

$12,000 to the Multi-County Network in Akron for staff to recruit, train, and supervise volunteers; enhance regional coordination; and continue education and prevention efforts.

$20,000 to Dr. Hsing-Jien Kung, professor at CWRU'S Department of Molecular Biology and Microbiology to research the key issues of HIV replication.

$18,500 to the Free Medical Clinic of Greater Cleveland to support staff responsible for managing education and prevention activities, to maintain an anonymous HIV testing program,

and to implement medical monitoring of clients who test positive for the HIV virus.

$15,000 to the Lesbian-Gay Community Service Center's "Living Room Project," a drop-in center for persons with AIDS. The grant award reflects continued program and capital improvement support.

$42,000 to the Health Issues Taskforce, including $32,000 for direct cash assistance to persons with HIV spectrum of infection and $10,000 to strengthen education and prevention programming.

$17,590 to the Center for Human Services to provide individual and group counseling, and intervention and respite care services for persons with AIDS and their families.

The Western Reserve AIDS Foundation is a non-profit fund-raising organization dedicated to supporting the development of programs and services for all people with AIDS. The grant awards announced resulted from last October's "Star Night, Star Bright" Benefit.

The next round of grants will be funded in May 1989. ▼

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