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BEN-SHALOM v. SECRETARY OF ARMY

No. 87-1217.

826 F.2d 722 (1987)

Miriam BEN-SHALOM, Petitioner-Appellee, v. SECRETARY of the ARMY, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1987.

Attorney(s) appearing for the Case

Patrick T. Verigan, Milwaukee, Wis., for petitioner-appellee.

John C. Hoyle, Civil Div., Appellate Staff, Washington, D.C., for respondent-appellant.

Before BAUER, Chief Judge, and CUMMINGS and MANION, Circuit Judges.

CUMMINGS, Circuit Judge.

After more than a ten-year absence from the military, Miriam ben-Shalom wants to return to complete her enlistment term with the United States Army Reserves. The Army, however, does not want her back. It discharged her from the Reserves in 1976 because she had made several statements admitting that she was a lesbian, a sexual preference that is not accepted by the Army. There was no proof that she engaged in homosexual acts nor made any advances...

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