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MEINHOLD v. U.S. DEPT. OF DEFENSE

Nos. 93-55242, 93-56354.

34 F.3d 1469 (1994)

Volker Keith MEINHOLD, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF DEFENSE; United States Department of the Navy, Defendants-Appellants. Volker Keith MEINHOLD, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF DEFENSE; United States Department of the Navy, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Mark I. Levy (argued) and E. Roy Hawkens (on the briefs), U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

John I. McGuire, Kaye, Scholer, Fierman, Hays & Handler, Los Angeles, CA, for plaintiff-appellee.

Victor J. Wolski, Pacific Legal Foundation, Sacramento, CA, amicus curiae for Pacific Legal Foundation, et al.

Ruth E. Harlow, American Civil Liberties Union, New York City, amicus curiae for American Civil Liberties Union.

Before: SKOPIL, THOMPSON, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

These consolidated appeals present a number of questions arising out of the Navy's discharge of Petty Officer Volker Keith Meinhold on account of his statement on ABC World News Tonight, "Yes, I am in fact gay."

Finding that the Navy's policy was to ban gays and lesbians based on status, not on conduct, and that such a policy violates the Equal Protection Clause of the Fifth Amendment, the district court granted Meinhold's motion for...

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