STEFFAN v. PERRY

No. 91-5409.

41 F.3d 677 (1994)

Joseph C. STEFFAN, Appellant, v. William J. PERRY, Secretary of Defense, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1994.

As Amended November 22, 1994.


Attorney(s) appearing for the Case

Marc Wolinsky, argued the cause for appellant. With him on the briefs, were Norman Redlich, Vineet Bhatia, and Calvin Steinmetz.

Mark I. Levy, Deputy Asst. Atty. Gen., U.S. Dept. of Justice, argued the cause for appellees. On the brief were Eric H. Holder, Jr., U.S. Atty., and Frank W. Hunger, Asst. Atty. Gen., U.S. Dept. of Justice, Anthony J. Steinmeyer, John C. Hoyle, and E. Roy Hawkens, Attorneys, U.S. Dept. of Justice.

On the brief, for amici curiae American Jewish Committee, et al., was David C. McBride.

On the brief, for amicus curiae American Ass'n of University Professors, were Scott L. Nelson, Ann H. Franke, and Robert C. Post.

On the brief, for amici curiae American Civil Liberties Union AIDS Project, et al., were William B. Rubenstein, Steven R. Shapiro, and Arthur B. Spitzer.

On the brief, for amici curiae NOW Legal Defense and Educ. Fund, et al., was Deborah A. Ellis.

On the brief, for amici curiae National Lesbian and Gay Law Ass'n, et al., was Paul R.Q. Wolfson. David C. Vladeck entered an appearance.

On the brief, for amici curiae Benjamin W. Jordon, et al., was Arthur A. Schulcz, Sr.

On the brief, for amici curiae Geneva College Center for Law and Public Policy, et al., was William A. Woodruff.

On the brief, for amicus curiae The Judge Advocates Ass'n, was Gerald Miller.

On the brief, for amici curiae Naval Aviation Foundation, Inc., et al., was Ronald D. Ray.

Before: MIKVA, Chief Judge, WALD, EDWARDS, SILBERMAN, BUCKLEY, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, and ROGERS, Circuit Judges.


Argued En Banc May 11, 1994.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring statement filed by Circuit Judge BUCKLEY, with whom RANDOLPH, Circuit Judge, joins.

Concurring statement filed by Circuit Judge RANDOLPH.

Statement concurring in part, dissenting in part, and concurring in the judgment filed by Circuit Judge GINSBURG.

Dissenting opinion filed by Circuit Judge WALD, with whom EDWARDS, Chief Judge, and ROGERS...

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