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WATKINS v. UNITED STATES ARMY

No. 82-3681.

721 F.2d 687 (1983)

Sergeant Perry WATKINS, Plaintiff-Appellee, v. UNITED STATES ARMY, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1983.

Attorney(s) appearing for the Case

Alfred R. Mollin, Washington, D.C., for defendants-appellants.

James E. Lobsenz, Seattle, Wash., for plaintiff-appellee.

Before CHOY and NORRIS, Circuit Judges, and CURTIS, District Judge.

CHOY, Circuit Judge:

In this action for declaratory and injunctive relief, a serviceman with an exemplary performance record was not allowed to reenlist solely because he is an admitted homosexual. It is clear that the Army knew of Watkins' sexual preference very early in his fourteen years with the service. However, in 1981 the Army promulgated new regulations requiring the discharge of any homosexual soldier notwithstanding the soldier's performance record or character...

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