Supreme Court Backs Gay Soldier’s Right to Re-Enlist

A homosexual soldier today won a Supreme Court battle to re-enlist in the Army despite the military’s ban on homosexuals.

The justices, without comment, let stand a federal appeals court decision requiring the Army to allow Perry Watkins of Seattle to re-enlist. Watkins is a 16-year veteran with an excellent service record.

Today’s action does not affect in any sweeping way the military’s ban on homosexuals. The case nevertheless has been closely watched by gay rights advocates.

The 7-4 appeals court ruling in Watkins’ case did not address the validity of the ban but noted that the Army repeatedly had re-enlisted Watkins while knowing he was gay.

“Sgt. Watkins has greatly benefited the Army, and therefore the country, by his military service,” an 11-judge panel of the U.S. 9th Circuit Court of Appeals said last year. “In addition, Watkins’ homosexuality clearly has not hurt the Army in any way. . . . Equity cries out and demands that the Army be (prohibited) from refusing to re-enlist Watkins on the basis of his homosexuality.”

In the appeal rejected today, Administration lawyers had argued that the government should never be barred from applying a valid regulation such as the Army’s ban on homosexuals.

Watkins was drafted in 1967, during the Vietnam War. He was 19. In filling out a pre-induction medical form, he marked “yes” in answering a question that asked whether he had homosexual tendencies. He was inducted anyway and was allowed to re-enlist three times.

After two tours of duty in Korea, Watkins was stationed at Ft. Lewis, near Tacoma.

From 1967 through 1980, he was the subject of three Army investigations. Each one was sparked by Watkins’ telling some superior about his homosexuality, but after each investigation he was allowed to re-enlist.

In 1981, the Army adopted a new regulation requiring the discharge of all homosexuals.

A review board in 1982 voted to discharge Watkins, but before the discharge orders were issued, a federal judge barred the Army from taking such action.