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WEST v. BROWN

No. 76-1123.

558 F.2d 757 (1977)

Shirley Mae WEST, on her own behalf and on behalf of all others similarly situated, et al., Plaintiffs-Appellants, v. Harold BROWN, Individually and in his official capacity as Secretary of the Department of Defense, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 1, 1977.

Attorney(s) appearing for the Case

Steven J. Wisotsky, Asst. Professor of Law, Ft. Lauderdale, Fla., Frank H. Holtzman, Coconut Grove, Fla., for plaintiffs-appellants.

L. Neal Ellis, Jr., Litigation Div., OTJAG, Dept. of Army, Washington, D. C., Robert W. Rust, U. S. Atty., John Steven Berk, Asst. U. S. Atty., Miami, Fla., for defendants-appellees; of counsel, Edward C. Newton, IV, Washington, D.C.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.

THORNBERRY, Circuit Judge:

This case attacks the constitutionality of a nonwaivable regulation of the Secretary of the Army which bars enlistment of unwed parents of minor children.1 Shirley Mae West and her daughter, plaintiffs, are an unwed mother and minor child. Ms. West met all other enlistment criteria, but was rejected on the basis of the unwed parents regulation. The Wests ask for a declaratory...

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