Army Ordered to Reinstate Gay Soldier

A federal appeals court today ordered the Army to reinstate a soldier denied re-enlistment for being homosexual, but sidestepped the issue of military discrimination against homosexuals.

The U.S. 9th Circuit Court of Appeals ruled that the Army could not enforce its ban against Perry Watkins, a 14-year veteran with an exemplary record, because it had repeatedly re-enlisted him despite knowing of his homosexuality.

A three-judge panel of the court earlier became the nation’s first federal appellate court to rule that homosexuals, because of longstanding persecution and political powerlessness, were entitled to the same constitutional protections against discrimination as racial minorities.

The legal effect of that ruling was set aside, however, when the court referred the case to an 11-judge panel. By not reaching the constitutional issue, today’s ruling leaves the question unresolved.

“The Army affirmatively acted in violation of its own regulations when it repeatedly represented that Watkins was eligible to re-enlist,” said Judge Harry Pregerson in the majority opinion.

He said Watkins, in reliance on the Army’s representations, passed up the chance at a civilian career and retirement benefits to devote his life to military service.

“Watkins’ homosexuality clearly has not hurt the Army in any way,” Pregerson said, quoting an Army review board report that the morale and discipline of Watkins’ unit had been unaffected.

Watkins of Tacoma, Wash., called it a “wonderful ruling” and said he was not disappointed that the court failed to resolve the constitutional question.

“It’s an issue that’s probably going to take a class-action-type suit before a court makes that broad a ruling, 10 or 12 people in the military who are willing to stand up and say they’re gay,” he said by telephone.