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WATKINS v. U.S. ARMY

No. 85-4006.

847 F.2d 1329 (1988)

Sergeant Perry J. WATKINS, Plaintiff-Appellant, v. UNITED STATES ARMY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 1988.

As Amended June 8, 1988.

Rehearing ordered June 8, 1988.

Attorney(s) appearing for the Case

James E. Lobsenz, Wolfe & Cullen, Seattle, Wash., for plaintiff-appellant.

E. Roy Hawkens, Asst. U.S. Atty., Civil Div., Washington, D.C., for defendants-appellees.

Before CANBY, NORRIS and REINHARDT, Circuit Judges.

Rehearing en banc ordered June 8, 1988.*

NORRIS, Circuit Judge:

In August 1967, at the age of 19, Perry Watkins enlisted in the United States Army. In filling out the Army's pre-induction medical form, he candidly marked "yes" in response to a question whether he had homosexual tendencies. The Army nonetheless considered Watkins "qualified for admission" and inducted him into its ranks. Watkins served fourteen years in the Army...

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