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ABLE v. U.S.

No. 965, Docket 94-6181.

44 F.3d 128 (1995)

Lieutenant Colonel Jane ABLE, Petty Officer Robert Heigl, First Lieutenant Kenneth Osborn, Sergeant Steven Spencer, Lieutenant Richard Von Wohld, and Seaman Werner Zehr, Plaintiffs-Appellees, v. UNITED STATES of America and William J. Perry, In His Official Capacity as Secretary of Defense, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 3, 1995.

Attorney(s) appearing for the Case

Michael Lacovara, David H. Braff, Penny Shane, Sullivan and Cromwell, William B. Rubenstein, Ruth E. Harlow, Marc E. Elovitz, American Civ. Liberties Union Foundation, Beatrice Dohrn, Evan Wolfson, Lambda Legal Defense & Educ. Fund, New York City, for plaintiffs-appellees.

Mark I. Levy, Civ. Div., Frank W. Hunger, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, Zachary W. Carter, U.S. Atty., Brooklyn, NY, Anthony J. Steinmeyer, John C. Hoyle, E. Roy Hawkens, Edward Himmelfarb, Civ. Div., U.S. Dept. of Justice, Washington, DC (Ltc. Nolon J. Benson, Jr., Cpt. Tara O. Hawk, of counsel), for defendants-appellants.

Before: FEINBERG, VAN GRAAFEILAND, and WALKER, Circuit Judges.

PER CURIAM:

BACKGROUND

Plaintiffs, six gay or lesbian members of the armed forces, filed suit in the Eastern District of New York (Eugene H. Nickerson, Judge) challenging the constitutionality of the recently enacted federal law and implementing regulations governing military service by homosexuals. The law, embodying the new "Don't Ask, Don't Tell" policy, mandates separation of any service member who states that he or she is homosexual unless that...

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