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GAY PEOPLE'S CHRONICLE JULY 5, 1996

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Ban case sent back to court

Continued from page 1

but by the same standard for heterosexuals and homosexuals within the context of the military.

Beatrice Dohrn, with the Lambda Legal Defense and Education Fund, "is relieved that we are finally going to have an opportunity to get to the part of the case we have been wanting to get to all along . . . a completely different set of rules that govern behavior by lesbians and gay men."

""

It was "a hard fought issue" that they won on cross appeal. She believes "the only way we are ever going to slay this dragon is to have all of that in front of a court at once.' Lead attorney Matt Coles, with the American Civil Liberties Union, called the decision “procedurally careful, what you would expect from the Second Circuit."

He thought they "could have decided the equal protection question" with the evidence before them, especially in light of the Romer decision striking down Colorado's Amendment 2. Coles interprets the panel's action as reflecting a fairly widespread uncertainty as to what Romer really means.

It is unclear whether Nickerson will reopen the case to accept additional briefs or even testimony. Both attorneys believe there may be enough on the record to forego that, but will wait to see what the government proposes in terms of their justification. A fast track could produce a decision in the fall, which would then likely go back to the same Second Circuit three-judge panel on appeal.

Thomasson appeals to Supreme Court

The New York case, Able v. U.S., is one of two lead "gays-in-the-military" cases. In the other, Thomasson v. Perry, former Navy Lt. Paul Thomasson has appealed his case to the U.S. Supreme Court.

The July 1 appeal makes it the first challenge to the military policy to reach the high court.

Thomasson is appealing an April decision by the full 13-member Fourth Circuit Court of Appeals in Virginia that upheld the policy, saying that elected leaders, not the courts, .should set military policy.

“Any argument that Congress was misguided... is one of legislative policy, not constitutional law," the appeals court ruled.

Commenting on Thomasson's appeal, C. Dixon Osburn of the Servicemembers Legal Defense Network, which assists lesbians and gays in the military, said, “We are optimistic about a victory."

He noted the court's Romer decision that struck down a Colorado constitutional amendment that would have made anti-gay discrimination in employment, housing or public accommodations immune from legal challenge. Osburn called the "don't ask, don't tell" policy "a clearer example of discrimination than the Colorado case."

The Supreme Court has ended its term, and the justices are not expected to say until October whether they will review the appeals court ruling.

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Clinton greets protesters

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Shane Gibson proudly wore a shirt with a rainbow-colored triangle across his chest. Nancy Marcus went to work putting together a sign that read: "Veto DOMA, Not Our Equal Rights!" The sign proved to be a conversation-starter, as many people in the crowd stopped to ask what “DOMA” was.

DOREEN CUDNIK

Veto DOMA

Protesters hold signs and a rainbow flag for President Clinton.

The "Defense of Marriage Act" is the name given by its sponsors to a federal bill that would limit legally recognized marriage to couples of the opposite sex. Clinton has said he would sign the measure.

"The sign was an opportunity to educate the community about this piece of anti-gay legislation," Marcus said. "People don't even know that this is going on. Conservative members of Congress are trying to push this through so fast that people don't even have time to think about it," she said.

Marcus added that most people who asked about the sign were very supportive once they had it explained to them. The news media also showed an interest in the issue as they filmed the sign and asked for on-camera interviews.

"Those of us that organized around this

issue were thrilled that Channel 19 aired a segment of an interview explaining what DOMA is, as well as footage of the sign on their 6 p.m. news broadcast," Marcus said. "Many people that were not previously aware of the issue are now, but the sign was for President Clinton more that anyone," she said. When the fundraiser inside Slam Jams came to a close, Clinton surprised both the remaining crowd and Secret Service agents when he made an unplanned trip outside to shake hands.

Hundreds of people were frisked with hand-held metal detectors and led behind an area that was closed off with yellow police tape. As shouts of "We love you, Mr. President" and "Four More Years" filled the air, Clinton made his way down the line.

When the president stopped to read her hand-made sign urging him to veto the anti-marriage act, Marcus shook his hand and said, "President Clinton, please veto the Defense of Marriage Act...you know it's the right thing to do." The president smiled and said "Thank you," before moving down the rest of the line.

Marcus said that the president made a strategic choice by coming over to shake her hand and acknowledge the sign, considering the controversy that surrounds this issue. "He could have completely avoided us, but he chose not to," she said. "At least that showed some backbone."

While Clinton declared that he's done more for gays than any other president, he also has said he will not relax his opposition to same-sex marriage. Hundreds of gay rights demonstrators—some waving signs that read "You Have Betrayed Us Clinton"-gathered in San Francisco when Clinton was there for a fundraiser on June 9. Regarding same-sex marriage, Clinton has said, "I can't change that position . . . I have no intention of changing it."

Marcus hopes that personally-delivered messages like hers just might have an impact when the the anti-marriage bill, currently in a Senate committee, finally does end up on the President's desk.

"The President said in a recent interview with the Advocate that he's the most gayfriendly president in history, but if he signs this legislation, he'd be turning his back on us when we really need him. I'm not asking him to change his mind," Marcus said, "but I want him to accept responsibility for his actions."