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HIGH TECH GAYS v. DEFENSE IND. SEC. CLEARANCE OFF.

No. 87-2987.

895 F.2d 563 (1990)

HIGH TECH GAYS; Timothy Dooling, and all others similarly situated; Joel Crawford; and Robert Weston, Plaintiffs-Appellees, v. DEFENSE INDUSTRIAL SECURITY CLEARANCE OFFICE; Director, Defense Industrial Security Clearance Office; Defense Investigative Service; Director of Defense Investigative Service; Secretary of Defense, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1990.

Attorney(s) appearing for the Case

Jay S. Bybee, Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Richard Gayer, San Francisco, Cal., for plaintiffs-appellees.

Matthew A. Coles, San Francisco, Cal., for amicus, American Civ. Liberties Union of Northern California, Inc.

Stephen V. Bomse, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for amicus, National Gay Rights Advocates.

Before BRUNETTI and LEAVY, Circuit Judges, and CURTIS, Senior District Judge.

BRUNETTI, Circuit Judge:

The plaintiffs-appellees challenge whether the Department of Defense's (DoD) policy of subjecting all homosexual applicants for Secret and Top Secret clearances to expanded investigations and mandatory adjudications, and whether the alleged DoD policy and practice of refusing to grant security clearances to known or suspected gay applicants, violates the equal protection component of the Fifth Amendment's Due Process Clause and the rights...

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