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BenSHALOM v. MARSH

No. 88-C-468.

703 F.Supp. 1372 (1989)

Miriam BenSHALOM, Plaintiff, v. John O. MARSH, Jr., Secretary of the U.S. Army; Commanding Officer H.Q., 84th Division, U.S. Army Reserve; Commanding Officer 5091st U.S. Army Reception Battalion, Defendants.

United States District Court, E.D. Wisconsin.

January 10, 1989.

Attorney(s) appearing for the Case

Angermeier & Rogers by Patrick T. Berigan, Milwaukee, Wis., for plaintiff.

Kenneth C. Kohl, Civil Div., Dept. of Justice, Washington, D.C., Francis D. Schmitz, Asst. U.S. Atty., Milwaukee, Wis., for defendants.

DECISION AND ORDER

MYRON L. GORDON, Senior District Judge.

Sergeant Miriam BenShalom has filed this action seeking to have declared as unconstitutional the Army Reserve Regulation, AR 140-111, Table 4-2, that bars reenlistment to any serviceperson who declares himself or herself to have a homosexual orientation. Sergeant BenShalom is a self-declared lesbian who, on the basis of that declaration, was denied reenlistment by the Army Reserves. The matter is...

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