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WATKINS v. U.S. ARMY

No. 85-4006.

875 F.2d 699 (1989)

Sergeant Perry WATKINS, Plaintiff-Appellant, v. UNITED STATES ARMY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 3, 1989.

Attorney(s) appearing for the Case

James E. Lobsenz, Wolfe, Lobsenz & Cullen, American Civil Liberties Union-Washington State, Seattle, Wash., for plaintiff-appellant.

E. Roy Hawkens, Asst. Atty. Gen., Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before GOODWIN, Chief Judge, SCHROEDER, PREGERSON, ALARCON, NELSON, CANBY, NORRIS, BEEZER, HALL, O'SCANNLAIN, and TROTT, Circuit Judges.

Argued En Banc and Submitted October 12, 1988.

PREGERSON, Circuit Judge:

The United States Army denied Sgt. Perry J. Watkins reenlistment solely because he is a homosexual. The Army refused to reenlist Watkins, a 14-year veteran, even though he had been completely candid about his homosexuality from the start of his Army career, even though he is in all respects an outstanding soldier, and even though the Army, with full knowledge of his homosexuality, had...

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