Miriam BEN-SHALOM, Plaintiff-Appellee,
v.
John O. MARSH, Jr., Secretary of the Army, Vance Coleman, Commanding Officer, H.Q. 84th Division, U.S. Army Reserve, and John Allen, Lt. Colonel, Commanding Officer, 5091st U.S. Army Reception Battalion, Defendants-Appellants.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued May 18, 1989.
Decided August 7, 1989.
As Amended on Denial of Rehearing and Rehearing October 11, 1989.
Attorney(s) appearing for the Case
Patrick Berigan, Angermeier & Rogers, Milwaukee, Wis., for plaintiff-appellee.
Vincent M. Garvey, Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., for Vance Coleman, Commanding Officer, H.Q. 84th Division, U.S. Army Reserve.
John E. Fryatt, U.S. Atty., Milwaukee, Wis., Kenneth C. Kohl, Dept. of Justice, Civ. Div., Appellate Section, Washington, D.C., for John Allen, Lt. Colonel, Commanding Officer, 5091st U.S. Army Reception Battalion.
John C. Hoyle, Dept. of Justice, Civ. Div., Appellate Staff, Washington, D.C., for John O. Marsh, Secretary of the U.S. Army.
Arvid E. Roach, II, Jennifer S. Divine, Covington & Burling, Laura A. Foggan, Wiley, Rein, Fielding, Washington, D.C., for Women's Legal Defense Fund amicus curiae.
Nan D. Hunter, William B. Rubenstein, New York City, Gretchen Miller, Milwaukee, Wis., Julie M. Randolph, Martin Buchanan, Remcho, Johansen & Purcell, San Francisco, Cal., for American Civil Liberties Union of Illinois amicus curiae.
Fred M. Blum, Julie M. Randolph, Remcho, Johansen & Purcell, San Francisco, Cal., Donald N. Bersoff, Jenner & Block, Washington, D.C., for American Jewish Congress amicus curiae.
Donald N. Bersoff, David W. Ogden, Jenner & Block, Washington, D.C., for American Psychological Ass'n amicus curiae.
Before WOOD, Jr., EASTERBROOK, and KANNE, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
As Amended on Denial of Rehearing and Rehearing In Banc October 11, 1989.
HARLINGTON WOOD, Jr., Circuit Judge.
This case concerns an avowed homosexual, a lesbian, who has persistently sought and now secured, with district court assistance, reenlistment in the Army.1 The Army under its regulations seeks to void that reenlistment. As might be expected the issue is controversial, as evidenced by the number of amici curiae all supporting...
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