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NATION/WORLD UNIVERSITY DAILY KANSAN
Wednesday, November 11. 1992
Judge orders sailor reinstated
Ruling says Navy's homosexual ban unconstitutional
The Associated Press
U. S. District Judge Terry Hatter ordered the Navy to reinstate Keith Meinhold of Palo Alto, Calif., to his previous position by tomorrow morning. He said that if the Navy refused, it would be banned from filing future motions in the case.
LOS ANGELES — A federal judge ruled yesterday that the Navy's ban on homosexuals was unconstitutional and reaffirmed his order that the service reinstate a sailor discharged because he is gay.
"This is not a military dictatorship. It is not the former Soviet socialist republic. Here, the rule of law applies
to the military, even to the commander in chief," Hatter said.
In issuing the order, Hatter reaffirmed a preliminary injunction and rejected a Navy offer that would have reinstated Meinhold but fell short of restoring him to his position as a sonar crew instructor.
Hatter agreed, however, to a government request for a hearing Monday to hear arguments to reconsider the original injunction.
The ban violated the Constitution's equal protection clause and provisions that prohibit punishment of a particular class of people, Hatter said.
Citing the military's ban on homosexuals, the navy involuntarily but honorably discharged Meinhold in and on national television he was gay.
Meinhold's lawsuit said the Navy violated his constitutional rights by enforcing unilateral rule.
Meinhold's attorneys said they con
sidereed Hatter's action a victory even though it fell short of their request for a finding of contempt.
"The real implication is that by 8 a.m. Thursday, Keith Meinhold will be the first admittedly homosexual in the armed forces," attorney Christopher Rudd said.
Assistant U.S. Attorney Marcus Kerner declined to comment, saying he wanted to read the ruling.
On Friday, Hatter ordered that Meinhold be reinstated to his job at Moffett Naval Air Station south of San Francisco.
Meinhold was turned away from the base Monday.
In court papers filed yesterday, the Department of Justice argued that Meinhold was no longer in the Navy and that the judge did not have authority to reinstate him.
Ordering Meinhold back to work would disrupt the military and detract
lawyers said in the court papers.
"That's just lawless," said Robert Post, a professor of constitutional law at the University of California-Berkley.
Hatter's earlier order did not address the merits of Meinhold's lawsuit.
"It's clear that a court has the authority to order executive department officials to do what needs to be done to comply with the law." Post said.
On the strength of the reinstatement order, Meinhold showed up for work at Moffett on Monday, wearing a civilian suit and tie.
He was admitted to the base because he still holds a valid military ID card that allows him base shopping and medical privileges. On base, he was given a letter saying he would not be reinstalled and referring him to the Office of Naval Personnel in Washington D.C.
Bush relieves aide who searched Clinton files
WASHINGTON — Seeking to end a simmering political embarrassment, President Bush yesterday dismissed the State Department official who initiated a pre-election search for passport records of Gov. Bill Clinton and Ross Perot.
The Associated Press
Bush telephoned Acting Secretary of State Lawrence Eagleburger and accepted Eagleburger's recommendation that Assistant Secretary of State Elizabeth Tamposi be relieved of her duties, department representative Richard Boucher said.
Other officials said Bush's call was prompted by a story in yesterday's editions of The Washington Post, alleging that after searching files for information on Clinton department officials looked for material on Perot.
been ordered.
Eagleburg ordered an investigation Oct. 19 after press reports were released about the search of Clinton's office in Florida, where the files of Clinton's mother also had
Perot's press secretary Sharon Holman had no comment, but the Post quoted Perot as denouncing the search as "a gross abuse of federal power."
"Somebody ought to hold them accountable for it," Perot told the Post.
In Little Rock, Ark., Clinton representative George Stephanopoulos said, "Clearly this is a matter of serious concern. There was a lot of abuse of power during this election."
He said that Tamposi's dismissal was a good step but that a full report was needed.
According to a National Archives memo, the search of Perot's records was carried out by Richard McClevey, chief of the State Department's Office of Program Support and a deputy to Tamposi, and by two unidentified department officials. Boucher indicated that the department was aware of the effort to look into Perot's files before the Post story appeared.
Warring factions in Bosnia sign unconditional truce
The Associated Press
SARAJEVO, Bosnia-Herzegovina — Bosnia's warring factions yesterday signed an unconditional cease-fire that would cover the entire republic, but it was uncertain whether all had the will or means to end months of blood-shed.
Also yesterday, the Red Cross evacuated about a third of the estimated 6,000 people — Muslims, Croatians and Serbians — who had been trying to abandon Sarajevo. The agreement on a Bosnian cease-fire, which was to go into effect at midnight tonight, was reached during negotiations among military commanders who had been meeting for two weeks at the Sarajevo airport on a plan to demilitarize the capital.
Several long-term trends argue for an end to the fighting in Bosnia. These include the approach of
winter, increasing economic problems and diplomatic isolation in Serbia, and the military losses and lack of supplies and food on the Muslim side.
However, dozens of truces have been in bossia in the past, many within hours, because top com-manders lack control over fighters in the field.
At least 14,000 people have been killed in the fighting, which started when Serbians rebelled after Muslims and Croatians voted for independence on Feb. 29. Serbians, who made up about a third of the republic's prewar population, have captured about 70 percent of Bosnia.
Croatians control most of the rest of the republic, mainly in the southwest. That leaves Muslims, the largest single group with about 43 percent of the prewar population, in control of only small pockets of territory.
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