DRONENBURG v. ZECH

No. 82-2304.

741 F.2d 1388 (1984)

James L. DRONENBURG, Appellant, v. Vice Admiral Lando ZECH, Chief of Naval Personnel, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1984.

Rehearing Denied November 15, 1984.


Attorney(s) appearing for the Case

Stephen V. Bomse, San Francisco, Cal., with whom Steven M. Block, Leonard Graff, San Francisco, Cal., and Calvin Steinmetz, Washington, D.C., were on the brief, for appellant.

William G. Cole, Atty., Dept. of Justice, Washington, D.C., of the Bar of the District of Columbia Court of Appeals, pro hac vice by special leave of the Court, with whom J. Paul McGrath, Asst. Atty. Gen., Anthony J. Steinmeyer, Richard A. Olderman, Attys., Dept. of Justice and Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), were on the brief, for appellees. Marc Johnston, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellees.

Charles Lister and Arthur B. Spitzer, Washington, D.C., were on the brief, for amicus curiae urging remand.

Before BORK and SCALIA, Circuit Judges, and WILLIAMS, Senior District Judge, United States District Court for the Central District of California.


Rehearing En Banc Denied November 15, 1984.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

James L. Dronenburg appeals from a district court decision upholding the United States Navy's action administratively discharging him for homosexual conduct. Appellant contends that the Navy's policy of mandatory discharge for homosexual conduct violates his constitutional rights to privacy...

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