UNIVERSITY DAILY KANSAN
Monday, September 11, 1995
Courts to hear cases on military's gay policy
The Associated Press
WASHINGTON — Lt. Paul Thomasson fired off a letter to his boss the admiral enforcing the Navy's policy against homosexuals — days after President Clinton's "don't ask, don't tell" policy went into effect, "I am gay," he wrote.
Despite Thomasson's stellar 10-year record and the support of his commanding officer, the Navy moved to discharge him.
Thomasson fought back in court, challenging the policy as unconstitutional. His case goes before the 4th Circuit Court of Appeals in Alexandria, Va., this week — the first challenge of the Clinton policy to reach the federal appeals court level.
A second challenge to the policy — Able vs. Perry — is slated to be argued before the 2nd Circuit Court of Anpeals later this year.
The two cases illustrate how different judges can hear similar arguments on the same issue and reach opposite conclusions.
They also cast doubt on the Clinton administration's claim that people would no longer be discharged from the military merely for being
gav or lesbian.
At the crux of the new policy is the presumption that someone who says he or she is homosexual would engage in homosexual activity, which is prohibited. To remain in uniform, openly gay members must prove they won't have gay sex.
In Thomasson's case, he came armed with glowing performance evaluations — even a recommendation from his admiral that Thomasson be retained and promoted, almost a year after revealing his sexual orientation.
Neither Thomasson nor the six Able plaintiffs tried to prove that they would not engage in gay sex. Rather, they attacked the policy on constitutional grounds.
In the Able case, the six plantiffs presented expert testimony from a psychiatrist who said gays in the military were no better and no worse at their jobs than heterosexuals, and from a military analyst who said the presence of homosexuals does not affect a unit's ability to function.
Thomasson lost his case and has been discharged from the Navy. The
six Able plaintiffs won theirs, and the right to remain in uniform while the government appeals.
Ruling in the Thomasson case, U.S. District Judge Claude M. Hilton said the Clinton administration policy does not violate service members' free speech or equal protection guarantees.
"While it is true that some service members may view themselves as homosexuals but nonetheless remain celibate, it would not be rational to develop military personnel policies on the basis that all homosexuals will remain celibate or that they will not be sexually attracted to others." Hilton wrote.
In Able, U.S. District Judge Eugene Nickerson said the policy is "nothing short of Orwellian" because it equates sexual orientation with misconduct.
"To presume from a person's status that he or she will commit undesirable acts is an extreme measure," he wrote. "Hitler taught the world what could happen when the government began to target people not for what they had done but because of their status."
Pope pays homage to youth
LORETO, Italy — With the Adriatic Sea glittering behind him and an ocean of youth stretching in front, Pope John Paul II paid homage yesterday to young people killed in the Bosnian war.
The Associated Press
The fighting continues to devastate homes and schools and "transform what were quiet places of work and living into cemeteries, where young people above all are buried," the pope said during a Mass outside Loreto, a city dedicated to a shrine to the Virgin Mary.
"We kneel down before the tombs of so many young people, with their mothers and fathers, in
tears." the pope said.
On the second day of the pope's trip to Loreto to meet with young people from across Europe, the fighting in former Yugoslavia continued to occupy his thoughts. The Croatian coast lies just 80 miles across the turquoise sea.
Police officials estimated the crowd at 400,000. They stood in a huge concave field before the altar, which was covered with a white plastic half-dome.
Many had spent the night after a Saturday evening vigil of music,
song and dance presided over by the pope. They waved flags from their countries and used umbrellas to shield themselves from the bright sun.
In his traditional message after Mass yesterday, the pope said he saw "great hope" for a more just world in the "lines of action" emerging from the U.N. conference on women in Beijing.
The Vatican delegation has charged European countries at the conference with opposing the traditional family and motherhood.
On Thursday, the pope heads to Africa for a six-day visit and goes to the United States Oct. 4-8.
THE NEWS in brief
Fourteen believed drowned in Bering Sea
No storms were reported in recent days, and the cause of the capsizks was not known.
MOSCOW — Fourteen people, including three American researchers, are believed to have drowned after two small boats capsized in the Bering Sea between Russia and Alaska, authorities said yesterday.
The boats were discovered several miles apart on Thursday near the international boundary separating Russia and the United States, said Victor Alexander of the Freeport-McMoRan Ministry.
Abrosimov did not have the Americans' names, and a U.S. Embassy representative had no information about the accidents.
man were floating near one of the boats, and rescuers searched yesterday for the bodies of the 12 others believed drowned.
The Americans were conducting research on the Chutotka Peninsula, near where the boats were discovered, in cooperation with the Russian Academy of Sciences.
The site is less than 50 miles west of Alaska's St. Lawrence Island.
Sleeping man survives scrape with trash compactor
7A
FORT LAUDERDALE, Fla. — A man who was sleeping in a trash bin survived a garbage truck's compactor and a near-brush with an incinerator. Workers at the incinerator near Pompano Beach discovered the man Thursday.
would have been bulldozed, buried and covered over."
"They saw some hands," said Eric Selya, the incarcerator's safety director. "There's a good chance he
Kids recognize athletes, entertainers most, survey says
Kids are far more familiar with athletes and entertainers than politicians and world leaders according to a poll done for a new publication, Time for Kids.
The man was conscious when pulled free and was rushed to North Broward Medical Center. He had no identification on him and gave the hospital the name of Cuba Savido. He had only scrapes and bruises.
Time for Kids is an eight-page weekly classroom newsmagazine produced by Time editors. It makes its debut this week.
NEW YORK — Nelson who? Boris what?
First lady Hillary Rodham Clinton was recognized by 82 percent, just 4 percentage points lower than Tom Hanks and much higher than Rush Limbaugh, recognized by 48 percent.
The Michaels — Jordan and Jackson — topped the recognition list, with 96 percent of the youngsters surveyed saying they know who the basketball star is and 94 percent familiar with the pop superstar.
Only 21 percent recognized the name Boris Yeltsin and 20 percent Nelson Mandela, according to the poll released yesterday.
The poll was conducted by Roper Starch Worldwide and is based on telephone interviews with 500 U.S. children, ages 9 to 12. Interviewing was conducted from Aug. 8-20. The poll has a margin of error of plus or minus 3 percentage points.
Friend's death from AIDS leads Rosie Perez to fight
The actress, who starred in Spike Lee's "Do the Right Thing" and played Woody Harrelson's girlfriend in "White Men Can't Jump," said a close friend was dying of AIDS "but I was scared to visit him."
DENVER — An AIDS walk was an act of
penance for Rosie Perez.
"I kept saying, 'Yeah, yeah, I'll be there,' but
when I finally showed up he'd died the day before," Perez said. "I was just scared to see him."
Out of the experience grew a powerful conviction to fight the disease.
On Sunday Perez participated in AIDS Walk Colorado, a 10-kilometer fund-raiser for AIDS service agencies.
842-5921
9th & Mississippi
FULL SERVICE SALON FOR MEN AND WOMEN
Compiled from The Associated Press.
Child Care
Tae Kwon Do
NO WAITING IN LINE
Be one of the first to join the newest Fitness Club in Lawrence now under complete renovation for your total fitness enjoyment. You won't believe the difference.
Featuring:
Free Weights
Universal
Stainmasters
SaumasWhirpools
Treadmills
Lifecycles
And More Importantly
Aerobics
Racquetball
2500 W.6th Street, Lawrence
Call Now! 841-7230
Peking Restaurant CHINESE
BUFFET
$4.95 - $6.75 Lunch/Dinner All-You-Can-Eat
FREE DELIVERY 749-0003 (after 5 p.m.)
23rd & Iowa (Behind Hastings)
Best beer list in Town
9th & Iowa + Millcrest Shopping Center
$ 30 50th Adult Before Hearing Daily
8:00 PM - 10:00 PM Hearing Special
Crown Cinema
Sat-Sun 2:10 Fri, Mon.-Tuesday
Babe a 2:10
The Han b* 7:10, 9:45
Desperado c* 7:10, 9:45
The Water b* 7:10, 9:45
Mortal Kombat b* 2:30 4:50, 7:00, 9:30
Lord of the Deagan b* 2:30 4:40, 7:00, 9:30
Senior Trip c* 2:00 5:00, 7:00, 9:30
Dangerous Mine b* 2:00 4:30, 7:00, 9:30
Batman Forever PG-13 5:00 7:25 9:50
Nine Months PG-13 5:00 7:30 9:45
WELCOME New Students!
Plan to attend...
Meet A Professor Program
Tuesday, September 12 — KU Residence Halls, Scholarship Halls Sororities, Fraternities, and Jayhawker Towers. When: After dinner in your living community. Check with your RA or Organization President for information.
Sponsored by the Office of New Student Orientation, the Department of Student Housing Interfraternity Council and Panhellenic. Stop by 45 Strong Hall or call 864-4270 for details.
1st Annual Newcastle Pub Crawl Wednesday, September 13, 1995 Lawrence Kansas
7:30 Johnny's Tavern
8:15 Quinton's Bar and Deli
9:00 Mass Street Deli
9:45 Louise's Downtown
10:30 Mulligan's
11:15 Replay Lounge
12:00 Red Lyon Tavern
must be 21
CHRISTIE'S TOY BOX WHERE THE FUN BEGINSI
Ask about the Free Condom Give-Away.
- Adult Novelties
- Unusual Greeting Cards
- Hilarious Party Games
Authorized Dealer
Sensuous Oils & Lotions
- Sensuous Oils & Lotions
• Recent Monthly Magazine
46
- Current Monthly Magazines
Coed Naked & Big Johnson T-shirts & Hats
---
Rent 1 movie at regular price & get a 2nd movie for 1¢ EVERYDAY! 1206 W.23rd Lawrence, Ks 842-4266
D
1206 W. 23rd, Lawrence, Ks 842-4266