10 GAY PEOPLE'S CHRONICLE OCTOBER 29, 1993

EDITORIALS

The voice of reason

Last month, U. S. District Judge Terry J. Hatter, Jr. issued a "show cause" order to military officials to state why they should not be held in contempt for continuing to enforce the Department of Defense policy banning gays and lesbians from the military. In plain terms, the Navy was being ordered to explain why it should not be held in contempt for ignoring Hatter's earlier decision striking down the military's policy.

Hatter has stated that if the Navy is found in contempt, "there will be substantial sanctions," including penalties "at a minimum of $10,000 per day." Although this fine would be pocket change in the context of a multi-billion dollar defense budget, it could have a significant symbolic impact. The armed services, which are presumably charged with the mission of protecting and defending our constitutional rights, would be portrayed as outlaws who consider themselves outside the Constitution's reach.

Earlier this year, in a lawsuit filed by Keith Meinhold, Hatter ruled that the military's ban on gays and lesbians is

unconstitutional, because there is no rational basis for it. Specifically, Hatter found that the military's justifications for the policy are based on "cultural myths and false stereotypes" which are “baseless and very similar to the reasons offered to keep the military racially segregated in the 1940's." Hatter may have a very personal reason for taking offense at these justifications. He is African-American.

Hatter's order was frequently overlooked during the course of legislative activity on this issue in the past several months. However, the impact of Hatter's order is unaffected by the so-called “compromise" forced upon President Clinton by Senator Sam Nunn, the military and the far right. His order is unaffected by the hearings held before the Senate Armed Services Committee, and cannot be overturned by any act of Congress to codify the ban. Under our constitutional system of checks and balances, a single federal judge may strike down any statute, regulation, executive order or other law if it violates the U.S. Constitution.

Of course, there are checks on Judge Hatter as well. His orders are reviewable by the Ninth Circuit Court of Appeals and the U.S. Supreme Court. Although the Court of Appeals has turned down the Navy's request for a stay of Hatter's order, many legal scholars believe that Hatter will eventually be reversed, because of the great amount of deference given to the military by the courts.

But for one beautiful moment, Hatter has made his stand. He has said to the armed services, to Sen. Sam Nunn, to President Clinton and to the entire country: You cannot bargain away constitutional rights. You cannot subject constitutional rights to a rollcall vote in Congress or in the country (short of amending the Constitution). You cannot modify Constitutional rights in response to a letter-writing campaign. And you cannot enforce a policy that is irrational and based on the fear and hatred of others. If you continue to enforce it, you are in contempt of court and in contempt of the Constitution. Thank you, Judge Hatter.

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GAY PEOPLE'S CHRONICLE

Volume 9, Issue 9

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The Center is community-building

To the Editors:

Good journalism requires that a newspaper separate news from editorial opinion. It was disappointing to see that the Chronicle forgot this important standard when it de-

cided to add two paragraphs of Talent Show

"history" to the end of the Lesbian-Gay

Community Service Center's news release

["Center talent show is canceled," October 1].

For the record, I would like to state unequivocally that "criticism from some in the women's community” and “the lesbianseparatist agenda" were neither raised nor discussed by the board when making the decision to cancel the Talent Show for this year. It was canceled because better community-building was resulting from the work being done with the Peoples of Color committee and SOAR.

Because of this work, if a talent show or

similar effort is initiated next fall, the Center will be in a much better position to create a multi-cultural event in which all members of the gay and lesbian community will want to participate.

Judith Rainbrook, Executive Director of Cleveland

Lesbian-Gay Community Service Center

Be sensitive in the personals

To the Editors:

I'm just another gay man who's in the HIV-positive spectrum who happens to occasionally browse the personals.

I'd like to bring to the attention of some of my HIV-negative brothers a term that is often used in the personals, and that is, "Must be disease free."

Come on guys, how insensitive! Have you ever read a personal that said, “Gay diseased man seeks same"?

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Think about it! My suggestion? Simple. Use "HIVseeks same." Enough said.

Jeffery Boone

Attention: Center Stage organizers

To the Editors:

I know this letter comes two issues late, "too much to do, not enough time." However, I must express my disappointment in the cancellation of Center Stage III.

Next Chronicle comes out Friday, November 12

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As a lesbian who has only been coming out more and more the last three years, I have been easily swayed in certain directions. Until attending Center Stage II, I considered myself a separatist. While there I gained a sense of unity and the feeling of togetherness.

I believe putting the Talent Show on the back burner was a mistake. Since Pride is in the summer, it only makes sense to have another unifying event in the colder months. Maggie Leach

Yes, we're pansies

To the Editors:

Joe Carroccio is right. We are a bunch of "gutless pansies."

The letter from "a.c." [October 1] is an example of it; no signature—just hot air.

Timothy E. Leiden

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