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LOS ANGELES : U.S. Won’t Fight Ruling Reinstating Gay Navy Man

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The Clinton Administration won’t fight a federal appeals court ruling that upheld a Los Angeles judge’s reinstatement of a Navy man who said he was gay, it was announced Monday.

The government let pass Friday’s deadline for filing an appeal, which virtually assures Naval Petty Officer Volker Keith Meinhold’s active status, said John McGuire, an attorney for the 13-year veteran.

“For 2 1/2 years, the Pentagon has fought tooth and nail to kick me out of the Navy because I’m gay,” Meinhold said. “By this decision, they finally have admitted that I can say I’m gay and proudly serve my country in the military.”

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Meinhold’s lawyer predicted that the decision in his client’s case is the beginning of the end of the Administration’s “don’t ask, don’t tell” policy.

Meinhold’s sexual preference became known publicly on May 19, 1992, when, in response to a question, he told ABC World News Tonight: “Yes, I am, in fact, gay.”

U.S. District Judge Terry J. Hatter Jr. ruled the statement alone did not violate the Pentagon’s former regulations against homosexual conduct.

The 9th U.S. Circuit Court of Appeals upheld Hatter’s ruling, but struck down his decision to extend it to the entire country. The military’s inaction means the ruling is the law in the nine western states and two territories in the ninth district.

No one from the Pentagon was available for comment on the decision to allow the deadline to pass.

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