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 Gays and the Military eBook

Gays and the Military


Imprint: Princeton University Press

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In April 1987 Joseph C. Steffan, one of the ten highest ranking midshipmen in his class at the U.S. Naval Academy, and only six weeks from graduation, was denied his diploma and forced to resign his commission because he answered "Yes, sir" to the question, "I'd like your word, are you a homosexual?" Six years later his cause, and that of other gay men and lesbians seeking to serve their country by enlistment in the military, has become the subject of intense national controversy. This unusual and innovative work, based on the litigation strategy and court papers filed in the case of Joseph C. Steffan v. Richard Cheney, Secretary of Defense, et al. , brings the resources of clinical psychiatry, clinical and social psychology, cultural history and political science to bear upon the fundamental questions at issue: How is sexual orientation determined? How and why have socially prejudiced stereotypes about male and female homosexuals developed? Why have gays faced special obstacles in defending themselves against discrimination? How much political power do gays have?

Marc Wolinsky and Kenneth Sherrill argue that gays constitute a politically powerless class that has been unjustly deprived of its constitutional right to equal protection under the law. They have collected here the affidavits filed on behalf of Joseph Steffan in his suit against the United States government, together with the counter-arguments of the Department of Defense and the extraordinary opinion of the U.S. District Court for the District of Columbia. Whatever the outcome of the case, presently on appeal to the United States Court of Appeals for the District of Columbia Circuit, this book will stand as a lasting and indispensable guide to the sources of sexual discrimination.

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Title of eBook: Gays and the Military
Release Date: 09-07-1993
Publisher: Princeton University Press

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Parent title Gays and the Military
Encrypted (DRM) Yes
SKU 9781400821044
File size 2405
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Gays and the Military


Chapter One

Wachtell, Lipton, Rosen & Katz

BRIEF OF JOSEPH STEFFAN

Memorandum of Law in Support of Plaintiffs Cross-motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment

THIS memorandum of law is respectfully submitted on behalf of plaintiff Joseph C. Steffan in support of his cross-motion for summary judgment and in opposition to defendants' motion for judgment on the pleadings or, in the alternative, summary judgment.

Preliminary Statement

In the spring of 1987, plaintiff Joseph C. Steffan was a model midshipman at the United States Naval Academy. Selected to be a battalion commander in his senior year, he was six weeks away from graduation when a promising career in service to his country was abruptly terminated. This unfortunate and unnecessary result came about because Steffan remained true to the United States Naval Academy honor code and truthfully answered "Yes, sir" when he was asked, "I'd like your word, are you a homosexual?" No one ever claimed that Steffan's sexual orientation interfered with his performance at the Academy or his three summer tours of military duty. And no one ever claimed that Steffan engaged in homosexual conduct, in or out of uniform, on or of duty.

For purposes of the Navy's regulations, Steffan's character and record of service are all irrelevant. All that is relevant is Steffan's status as a homosexual, a status that is an intrinsic part of his makeup, as intrinsic as his race or hair color. In the defendants' eyes,

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