Andrew HOLMES, First Lieutenant, Plaintiff-Appellee,
v.
CALIFORNIA ARMY NATIONAL GUARD; Tandy Bozeman, Major, in his official capacity; Pete Wilson, Governor, in his official capacity, Defendants-Appellants.
Andrew HOLMES, First Lieutenant, Plaintiff-Appellee,
v.
CALIFORNIA ARMY NATIONAL GUARD; Tandy Bozeman, Major, in his official capacity; Pete Wilson, Governor, in his official capacity; U.S. Army National Guard; United States of America; William S. Cohen, Secretary of Defense, Defendants-Appellants.
Richard P. WATSON, Lieutenant, Plaintiff-Appellant,
v.
William S. COHEN, Secretary of Defense; John Dalton, Secretary of the Navy; United States of America, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 8, 1996.
Submission vacated August 16, 1996.
Resubmitted April 7, 1997.
Decided September 5, 1997.
Attorney(s) appearing for the Case
Christopher J. Bakes, Douglas G. Chapman III, Bakes & Chapman, San Francisco, CA, for appellant Watson.
Kim M. Settles, Deputy Attorney General, Oakland, CA, for State appellants in Holmes.
E. Roy Hawkens, Attorney, United States Department of Justice, Washington, DC, for Federal appellants in Holmes and the appellees in Watson.
Todd E. Thompson and L. Jay Kuo, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, for appellee Holmes.
Melissa Wells-Petry, Washington, DC, for amicus curiae Family Research Council.
Karen M. McGaffey, Bogle & Gates P.L.L.C., Seattle, WA, for amicus curiae Northwest Women's Law Center and Kirk Childress, Servicemembers Legal Defense Network, Washington, DC, for amicus curiae Servicemembers Legal Defense Network.
Before: REAVLEY, REINHARDT, and WIGGINS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge WIGGINS; Dissent by Judge REINHARDT.
WIGGINS, Circuit Judge:
We review the constitutional challenges of two service members to the military's current "don't ask/don't tell" policy on homosexuals.1 Pursuant to the policy, Lieutenant Richard P. Watson was discharged from the United States Navy and First Lieutenant Charles Andrew Holmes was discharged from the California Army National Guard ("CANG") and the United...
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