NATION
UNIVERSITY DAILY KANSAN
Wednesday, January 27, 1993
7
Battle brewing over ban of gays
GOP accuses Clinton of ignoring objections
The Associated Press
WASHINGTON — The White House asserted the right to revoke the ban on homosexuals in the military without the consent of Congress yesterday.
President Clinton will act swiftly this week to end the 50-year-old prohibition without a legislative battle, representative George Stephanopoulos said.
Republicans accused Clinton of ignoring the strong objections of the Joint Chiefs of Staff.
"These experts are saying something simple. If you are looking for a way to destroy the discipline and espire de corps of a military unit, it is clear—just inject sexual tension into the barracks," said Dan Coats of Indiana, the GOP point man in the fight with the new administration.
But Republicans were not united in
their opposition.
Sen. Alfonse D'Amato, whose New York constituency includes a large number of homosexuals said, "Gays and heterosexuals have served in the military with honor, and they will continue to serve honorably together in the future."
While the White House said Clinton could act on his own, some Republicans discussed ways to force a vote on maintaining the ban. Attaching an amendment to a family leave bill coming before the Senate next week or introducing separate legislation were two options discussed.
Administration officials say Clinton plans to phase in a two-step process
Direct Defense Secretary Les Aspin to halt the practice of asking the sexual orientation of new recruits and stop ousting declared homosexuals.
- Issue an executive order formally lifting the ban and addressing the problems raised by the Joint Chiefs and others within six months.
Court's death penalty decisions confirm end of Marshall's era
WASHINGTON — Minutes after praising the late Thurgood Marshall as an important voice in Supreme Court history, Chief Justice William H. Rehnquist announced a death penalty decision that emphasized the passing of Marshall's era.
The Associated Press
Marshall, the retired justice who died Sunday, was a champion of individual rights who was most comfortable when a liberal high court saw itself in the 1960s as an engine for social change.
Rehquaint leads a far more conservative court — one that sees the unselected and comparatively isolated federal judiciary as a junior partner of the American democracy.
Rehquist wrote for a 6-3 majority Monday in which the court decided death row inmates and others convicted in state courts almost always were barred from trying to convince federal courts they were innocent.
Weighing such claims is better left to governors and their clementy powers. Rehnquist said, sounding a major conservative theme of deference to state powers.
Now dominated by appointees of Presidents Reagan and Bush, the court has grown increasingly frustrated by the slow pace of executions and the seemingly endless stream of death row appeals.
The decision was hardly surprising from a high court that in recent years has trimmed access to the federal courts for many of those Marshall believed
Monday's ruling upheld Texas killer Leonel Herera's death sentence. It is unlikely there will be any clemency for him.
most needed help.
In Herrera's case, the court stopped short of saying the Constitution allows the execution of innocent people. But Rehnquist said federal court review of state prosecutions never has extended to free-standing claims of actual innocence.
And it reinstated an Arkansas murderer's death sentence, saying lower courts wrongly let him argue that he was denied adequate legal help at his sentencing trial.
In a separate case, the court also upholded another Texas killer's death sentence after ruling he could not challenge a now-discarded law that limited a jury's consideration of mitigating evidence.
Justice Antonin Scalia, writing for himself and Justice Clarence Thomas, Marshall's successor, took a far bolder and far more politically conservative approach. The Constitution most definitely allows the execution of innocent people after they have been convicted in fair trials, Scalia wrote.
Layoffs force Clinton to propose relief plan
WASHINGTON — Confronted with evidence that U.S. corporate giants are still shielding jobs by the thousands, the Clinton administration said yesterday that the president will likely propose $15 billion to $20 billion in government spending and tax breaks to jump-start the economy.
BRIEFS
The White House said that Clinton's economic program, which will link stimulus this year with a long term effort to reduce soaring budget deficits, will be unveiled by the president in a State of the Union address to Congress on Feb. 17.
JAYHAWKS!
Urban League says Clinton must make good on promises
The Associated Press
WASHINGTON — The nation's oldest civil rights group declared yesterday that President Clinton must back up his promises to African Americans with economic help for inner cities and strict enforcement of civil rights laws.
The Urban League's 18th annual report, "The State of Black America," cited steep increases in African American unemployment and warned of economic devastation for African Americans as jobs are cut in auto manufacturing, the military, defense and service-oriented industries.
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