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KANSAN
KANSAS STATE HISTORICAL
SOCIETY
TOFEKA; KS. 64412
VOL.101.NO.52
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
TUESDAY, NOVEMBER 6.1990
(USPS 650-640)
ADVERTISING: 864-4358
NEWS:864-4810
Gay soldier allowed to re-enlist in Army
The Associated Press
WASHINGTON — A gay soldier yesterday 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 serve in the war with a dear veteran with an excellent service record.
Today's action does not significantly affect the military's ban on homosexuals. The case nevertheless has been closely watched by gay rights advocates.
The appeals court ruling in Watkins' case
did not address the validity of the ban but did note that the Army repeatedly had re-identified an agent.
"Sgt. Watkins has greatly benefited the Army, and therefore the country, by his military service." an 11-judge panel of the 9th U.S. Circuit Court of Appeals stated last year. "In addition, Watkins's homosexuality was a significant factor in why Equity cries out and demands that the Army be stopped from refusing to re-enlist Watkins on the basis of his homosexuality."
The appeals court vote was 7-4.
In the appeal rejected yesterday, Bush administration lawyers had argued that the
federal government never should be barred from applying a union regulation such as the one set forth in Rule 2901.
Watkins was drafted in 1967 during the Vietnam war. He was 19.
In filling out a pre-injunction medical form, he marked "yes" in answering a question that asked whether he had homosexual tendencies. He was inducted anyway and subsequently was allowed to re-enlist three times.
After two tours of duty in Korea, Wakafusa was stationed at Fort 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-emph
In 1981, the Army adopted a new regulation requiring the discharge of all homebound.
A review board in 1982 voted to discharge Watkins, but before the discharge orders were issued, a federal judge barred the Army from acting
Seven years of court maneuvering and conflicting rulings followed before the 11-judge panel's ruling last year. But Walden was not surprised by what happened in 1984 after a three-judge appeals court
panel voted against him.
His lawsuit against the Army sought restatement with back pay. He would be eligible for a full Army pension with four more years of service.
The 1898 ruling in favor of Watkins did not say that he was entitled to back pay and implied that the Army could try to discharge him for any future homosexual acts.
But the ruling stated the Army "may not attempt to discharge Watkins for any alleged homosexual acts that were the subject of past discharge proceedings or for any past or future statements by Watkins acknowledging his homosexuality."
First-year law students race in Green Hall to retrieve information in a relay. Judges watched from their table yesterday afternoon.
In this case, students race for verdict
Kansan staff writer
Bv Amy Zamierowski
As first-year law students sprinted up the stairs in Green Hall to the library entrance, their team members cheered and whistled from the first floor. A few minutes later, students raced back down the stairs to hold a list of crimes to the waiting members of their relay team.
"I've been practicing for weeks and memorizing every source in the library," said Dan Dunbar, the first team member down the stairs. I saw a woman standing next to me, asking the answer. My admirability was flurished.
About 80 first-year law students on eight teams competed yesterday in the first "One-L Blue Booking Relays." One-L refers to first-year law students.
Julie Bohardt, third year law student, said the blue book, the Uniform System of Citation published by the Harvard Law Review, was a reference for citing a case or statute.
Each team was given the same set of nine questions, with each team member assigned one question. A person on the team served as a "blame callist" and helped members correctly cite cases.
Each team started with a different number on the list so the same resources would not be needed by opposing teams at the same time, Bohardt said.
Team members raced to one of the building's five floors to find the correct source and then answered the questions by correctly citing a case.
bottom of the stairs where the citation of the case was verified by one of two judges: Fritz Snyder, associate director of the law library, or Peter Schenck, director of the law library.
The first team to correctly answer the nine questions received a trophy.
The relays were organized by Steve Passer, third-year law student and teaching assistant for the firm.
Members then returned to a table at the
The sheet of questions was then handed to the next team member who repeated the process.
Todd Hottman, first-year law student, said,
"This competition is a chance to take a break from the rigors of law school. But I had to go clear to the fifth floor — about as far away as you can go — to find the answer. I'm very tired."
Students work on federal education act
Bv. Jennifer Schultz
Kansan staff writer
KU student representatives the weekend discussed a federal act that will affect every college student in the nation.
The conference was sponsored by the Minnesota State University Student Association.
The re-authorization of the Higher Education Act of 1965 will affect all aspects of financing higher education for students attending post-secondary schools. Congress re-evaluates the act every five years.
Mostly Midwest regional schools attended the conference, Schreiner said.
Mike Schreiner, student body president, and Greg Hughes, Associated Students of Kansas director, attended a conference in Minneoka, Minn., to complete a draft of student concerns for the act.
Schreiner said that students played an instrumental role in the re-evaluation of the act in 1885.
The Students from the Coalition of Student Organizations from states in the Midwest met last year and began working together to develop strategies would like to see incorporated into the act, Schreiner said. Next, students will decide what lobbying strategies to use and what Congressional priorities to target to achieve these changes.
He said that Congress would conduct congressional hearings for the act during the next several months. The act will take effect by September 1991.
"They got a lot of the changes they wanted," he said.
Students address changes
Schreiner said he and Hughes primarily focused on Article IV of the act, which deals with student aid.
Evy Gerson, assistant director of financial aid, said that the reauthorization act would redefine all KU financial aid programs.
Schreiner said the coalition also was trying to simplify the application process by making (many) women who earn under $20,000 a year exempt from the need analysis on financial aid application forms to gain federal money.
"It is an extremely complex process to go through," he said. "We encourage Congress to make it more user-friendly."
Schreiner said that the coalition wanted to simplify the application process to obtain student financial aid.
"It is the authority in which we act," she said.
Hughes said that many of these families had problems understanding the application forms.
"But when you don't have enough education, the form can be difficult to fill out." she said. "It is an obstacle in itself."
Remedy for load defaults
Gershon said that financial aid originally was designed to help students go to school.
The coalition also recommends that federal money be used for more student grants rather than student loans, he said.
Schreiner said the number of loans given to students by the federal government had increased during the last 10 years.
"We want to see that trend reversed," he said. "We think that there are more money loan defaults
See FINANCIAL. p. 8
Graves predicts record-high vote in election today
Unpopularity of candidates may inspire vote
By David Roach
Kansan staff writer
TOPEKA — Kansas voters are expected to go to the polls today in record numbers, the state's chief election official said.
Secretary of State Bill Graves, who administers elections, estimated yesterday that 850,000 of Kansas' 1.2 million registered voters would make it to the polls today to cast their votes.
"I predict we'll have the highest turnout we've ever had in a gubernatorial election." Graves said.
Graves estimated a record turnout despite some political observers' view that voter dissatisfaction with the poll results and candidates would lead to low turnout
"For some of the fringe voters, the negative campaign may be a positive factor." he said.
However, Allan Cigar, professor of political science, said that a high turnout at the polls would not necessitate a low turnout for the governor's race.
"The real question is the number of people who will decide not to cast a ballot in the governor's race," he said.
Cigler said Graves' estimate probably was high for a non-presidential election.
Graves said he expected this year's gubernatorial election to edge past the 1986 gubernatorial election, when 840.65 voters cast ballots.
He predicted that about 72.5 percent of registered voters and about 51 percent of eligible voters would vote.
About 1.7 million Kansans are eligible to vote, he said.
Cugler said that Graves' estimates were about what should be expected for Kansas.
"That's nothing to be proud of," he said.
Graves said he based his estimate in part on the voter turnout in the August primary, which was the highest in the state's history.
"I don't see any reason to see this change." he said.
High voter interest in local issues across the state also will make turnout high. he said.
Patty Jaimes, Douglas County clerk, said that Douglas County also could have a record turnout and that more absentee ballots had been cast this year than in the last gubernatorial election.
Lawrence and Douglas County have several hotly contested races and local issues, such as trafficways that could bring out the vote, she said.
Between 28,000 and 30,000 of Doug-
la County's 41,100 registered voters
probably will cast ballots, Jaimes
said.
Graves said he also based his estimates on what he called a
Hayden, Finney woo undecideds during last day
By Carol Krekele
Kansan staff writer
On the last campaign day before today's election, Gov. Mike Rayden and Democratic gubernatorial candidate Joan Finney hit the campaign trails to fortify a move to suave undecided voters.
Sunday, 15 percent of Kansas voters had not decided which governmental candidate they would vote for, according to a poll in the Topeka Capital Journal.
Harden spent yesterday in western Kansas with Sen. Bob Dole and his lieutenant governor candidate Harlan Pridick
"It's important to return to our base," said Frank Ybarra, Hayden's press secretary, referring to the cities of Hays, Great Bend, Garden City and Wichita, where Hayden went. "We want to remind folks out there that we support them."
Ybarair had Hayden felt confident of winning more votes than Finney in the eastern Kansas districts because he had campaigned heavily in Johnson County and districts surrounding it in the months before the election.
He said he thought Hayden would win the election even though it had been a close race since the beginning of the cam-
"We think that if our supporters get out and vote, we can take the election." he said.
Mark Schmellner, Finney's press secretary, said Finney wanted to reach voters in the state to cast her last day of campaigning.
Finney spent yesterday morning in Kansas City, Kan., and then went to Wichita to get the afternoon, Schmeller said.
"For the last bit of the campaign, the largest areas are the best to concentrate on," he said. "Kansas City and Johnson County are pivotal areas to campaign in."
Finney's campaign administration thinks she will win today, he said.
"I would say we are cautiously optimistic," he said. "I think we can pull it off."
"heightened interest" among the electorate in the election.
"This is more than a popularity contest," he said. "There are a number of pocketbook issues at stake."
The weather, which was forecast to be fair today, also could be a positive factor in voter turnout, he said.
Graves said that almost 39,000 Kansas voters had registered since the August primary.
More election coverage pages 8,9