THOMASSON v. PERRY

No. 95-2185.

80 F.3d 915 (1996)

Paul G. THOMASSON, Lieutenant, United States Navy, Plaintiff-Appellant, v. William J. PERRY, Secretary of Defense; John H. Dalton, Secretary of the Navy, Defendants-Appellees, Union of American Hebrew Congregations; The American Jewish Congress; National Organization for Women; Now Legal Defense and Education Fund; Center for Women Policy Studies; National Lesbian and Gay Law Association; Gay and Lesbian Advocates and Defenders; American Civil Liberties Union; Lambda Legal Defense and Education Fund; Servicemembers Legal Defense Network; Iaomai, Incorporated; Family Research Council; Iota Legal Defense Fund, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1996.


Attorney(s) appearing for the Case

ARGUED: Allan Baron Moore, Covington & Burling, Washington, D.C., for Appellant. Edwin Smiley Kneedler, United States Department of Justice, Washington, D.C., for Appellees. Professor William Allen Woodruff, Campbell University School of Law, Buies Creek, North Carolina, for Amicus Curiae Family Research Council. ON BRIEF: Mark H. Lynch, Covington & Burling, Washington, D.C., for Appellant. Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, Anthony J. Steinmeyer, John C. Hoyle, E. Roy Hawkens, Edward Himmelfarb, Civil Division, United States Department of Justice, Washington, D.C.; Lcdr. Edward S. White, Office of the Judge Advocate General, Department of the Navy, Washington, D.C., for Appellees. Melissa Wells-Petry, Washington, D.C., for Amicus Curiae Family Research Council. Chai R. Feldblum, Washington, D.C., for Amici Curiae Union of American Hebrew Congregations, et al. Beatrice Dohrn, Evan Wolfson, Jon W. Davidson, Lambda Legal Defense and Education Fund, New York City; Ruth E. Harlow, Marc E. Elovitz, Matthew Coles, American Civil Liberties Union Foundation, New York City, for Amici Curiae ACLU and Lambda Legal Defense and Education Fund. Jeffrey L. Bleich, Munger, Tolles & Olson, San Francisco, California; George C. Freeman, III, Hunton & Williams, Richmond, Virginia, for Amicus Curiae Servicemembers Legal Defense Network. Arthur C. Schulcz, Sr., Vienna, Virginia, for Amici Curiae IAOMAI and IOTA Legal Defense Fund.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, sitting en banc.


Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judges RUSSELL, WIDENER, MURNAGHAN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS joined. Judge MURNAGHAN wrote a concurring opinion. Judge LUTTIG wrote a concurring opinion, in which Judges RUSSELL, WIDENER, WILKINS, HAMILTON, and WILLIAMS joined. Judge HALL wrote a dissenting opinion, in which Judges ERVIN, MICHAEL, and MOTZ joined.

OPINION

WILKINSON, Chief Judge...

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