ABLE v. U.S.

No. 94 CV 0974.

968 F.Supp. 850 (1997)

Lieutenant Colonel Jane ABLE, Petty Officer Robert Heigl, First Lieutenant Kenneth Osborn, Sergeant Steven Spencer, Lieutenant Richard von Wohld, and Seaman Werner Zehr, Plaintiffs, v. UNITED STATES of America, William J. Perry Secretary of Defense, in his official capacity, and Federico Peña, Secretary of Transportation, in his official capacity, Defendants.

United States District Court, E.D. New York.

July 2, 1997.


Attorney(s) appearing for the Case

Lambda Legal Defense & Education Fund (Beatrice Dohrn, Evan Wolfson, and Ruth Harlow, of counsel), New York City, for plaintiffs.

American Civil Liberties Union Foundation (Marc E. Elovitz and Matthew Coles, of counsel), New York City, for plaintiffs.

United States Department of Justice (Frank W. Hunger, Assistant Attorney General, Zachary W. Carter, United States Attorney for the Eastern District of New York, Charles S. Kleinberg, Assistant United States Attorney, David J. Anderson, Vincent M. Garvey, and Mark T. Quinlivan, Attorneys, of counsel), Washington, DC, for defendants.

Department of the Army, Office of the Judge Advocate General (Major Douglas K. Mickle, of counsel), for defendants.


MEMORANDUM AND ORDER

NICKERSON, District Judge:

The United States Court of Appeals for the Second Circuit remanded this case to this court to decide whether or not section 571(b)(1) of the National Defense Authorization Act for the Fiscal Year 1994, 10 U.S.C. § 654(b)(1) (the Act), complies with the Constitution. Able v. United States, 88 F.3d 1280 (2d Cir.1996).

I.

Plaintiffs, six homosexuals...

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