Mark A. PHILIPS, Plaintiff-Appellant,
v.
William PERRY, Secretary of Defense; John Dalton, Secretary of the Navy; M.B. Margosian, Commanding Officer, Transient Personnel Unit, Puget Sound, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 4, 1996.
Filed February 14, 1997.
As Amended April 18, 1997.
Attorney(s) appearing for the Case
Matthew A. Coles, American Civil Liberties Union of Northern California, San Francisco, CA, for plaintiff-appellant.
E. Roy Hawkens, United States Department of Justice, Civil Division, Washington, D.C., for defendants-appellees.
Chai R. Feldblum, Georgetown University Law Center, Washington, D.C., amicus curiae, for Human Rights Campaign Fund, et al.
Melissa Wells-Petry, Family Research Council, Washington, D.C., amicus curiae, for Family Research Council.
Before FLETCHER, JOHN T. NOONAN, and RYMER, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
RYMER, Circuit Judge:
Pursuant to the so-called "don't ask/don't tell" policy regarding gays in the military,1 the Navy discharged Petty Officer Mark A. Philips for stating that he is a homosexual, and for engaging in and saying that he will continue to engage in homosexual acts. Concluding that this circuit has held in a line of cases from Beller v. Middendorf,632 F.2d 788 (9th Cir.1980), cert...
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