NATION/WORLD
UNIVERSITY DAILY KANSAN
Wednesday, October 13, 1993
7
Pentagon to ask for delay in enforcing policy on gays
The Associated Press
WASHINGTON — The Pentagon will ask the Supreme Court to delay enforcement of a federal court order that banned discrimination against gays in the military, a representative said yesterday.
"We will seek extraordinary relief from the Supreme Court," Kathleen deLaski, the chief Pentagon representative, told reporters.
In the meantime, the Pentagon has instructed units to suspend its ban on homosexuals in the military while it pursues the case, she said.
The 9th U.S. Circuit Court of Appeals last Friday left in place an order issued September 30 by U.S. District Judge Terry Hatter Jr. of Los Angeles, banning discrimination against gays in the military.
A three-judge panel of the 9th Circuit Court unanimously denied the Department of Defense's emergency request to suspend or immediately
overturn Hatter's decision.
On Oct. 1, Edwin Dorn, assistant secretary of defense, issued a memorandum that said, "No administrative action will be taken based solely on a service member's homosexual orientation or statements of homosexuality."
By taking that position, the department is acknowledging its well-established obligation to follow a judge's nationwide injunction, said John McGuire, the attorney for a gay sailor whose lawsuit led to the ruling.
In asking the court to suspend Hatter's ruling, Department of Justice lawyers said it would "seriously interfere with management of day-to-day military affairs."
The appeals court's order did not comment on the case's merits. But McGuire said the order "demonstrates a certain degree of confidence by the appeals court in Judge Hatter's finding."
The decision was issued by Circuit
Judges Otto Skopil, David Thompson and Pamela Rymer. The same panel is scheduled to hear the administration's appeal of Hatter's ruling in December.
The Pentagon delayed implementation of Clinton's policy Oct. 1 while it awaited congressional action on the issue and dealt with the court challenges.
The Department of Defense said the interim policy that Clinton ordered in January would continue. That policy stops the practice of questioning recruits about their sexual orientation and transfers to reserve status those who declare their homosexuality.
But the Oct. I mem by Dorn, who is responsible for personnel issues, halts transfers as well as discharges.
"Administrative discharge cases based solely upon homosexual orientation or statements of homosexuality will be held in abeyance," the memo said.
The Associated Press
STOCKHOLM, Sweden — Robert W. Fogel and Douglass C. North of the United States won the Nobel Memorial Prize in Economics Tuesday for pioneering the use of modern statistical methods to re-examine how economies developed in the past.
Two Americans awarded Nobel prize in economics
Their research has shown the importance of stable institutions for economic growth, said Assar Lindbeck, chair of the committee that awarded the $825,000 prize.
The award brought the number of American winners to 21 out of 34 since the prize was established in 1968 by the Central Bank of Sweden. Fogel is the seventh winner from the University of Chicago.
Fogel, 67, of the University of Chicago in Illinois, and North, 72, of Washington University in St. Louis, had been considered by the Nobel committee for 10 years, Lindbeck said.
He was criticized in the United States for research that found slavery was an economically efficient system, although he argued that did not mean it was morally justified.
His 1974 book "Time on the Cross: The Economics of American Slavery," written with Stanley L. Engerman, concluded that slaves had been treated better than historians had thought, and showed that the system had collapsed because of political decisions and not economic weakness.
"He was misunderstood. Others thought he was defending slavery as an institution," said academy member Peter England.
North focused on the difference that protection of property rights made in history and examined why new institutions develop.
The academy cited his conclusions that new institutions arise when groups in a society see a possibility of increasing their income, if they can overcome prevaling institutional factors.
The prizes will be presented in Stockholm and Oslo on Dec. 10, the anniversary of Nobel's death.
LOS ANGELES
Second juror will leave Denny trial; verdict questioned
A juror in the Reginald Denny beating case yesterday asked to be excused to deal with personal problems unrelated to the case, the judge said.
The juror's request came after the panel reached a verdict on one count, assault on a woman motorist, and created a dilemma over whether that verdict should stand.
Superior Court Judge John Ouderkirk said he could either keep the verdict and select a new juror and allow the new panel to deliberate on the remaining 11 counts, or he could throw out that verdict and have the panel start over again with a new member.
The woman juror was dismissed for "good legal cause" after Ouderkirk received a note from a frustrated jury forewoman.
The development came during what was to be the first full day of deliberations by a newly constituted panel after Monday's dismissal of one juror.
The forewoman wrote that the 11 other jurors agreed the woman shouldn't continue the case.
THE NEWS in brief
"(She) cannot comprehend anything that we've been trying to accomplish," the forewoman wrote.
The juror's dismissal capped eight rocky days of deliberations by the anonymous, sequestered jury in the trial of Damian Williams, 20, and Henry Watson, 29.
TUNIS, Tunisia Arafat will head authority
A triumphant Yasser Arafat says that he will head the Palestinian authority that takes over from the Israelis when they withdraw from the occupied Gaza Strip and West Bank city of Jericho.
Arafat, the head of the Palestine Liberation Organization, won endorsement of his peace plan with Israel from the Palestine Central Council late Monday night.
The 107-member council, which sets Palestinian policy in between sessions of the much larger
Palestine National Congress, also authorized Arafat to set up the authority that would take over from the Israelis.
WASHINGTON Poll shows doubts about plan
A new poll reveals growing doubts about President Clinton's health care plan and the quality of care it would deliver.
The Washington Post reports in yesterday's editions that approval of the plan has declined from 56 percent to 51 percent and disapproval increased from 24 percent to 39 percent since Clinton described it in a speech to Congress on Sept. 27.
Still, the poll conducted Oct. 7-10 found that 60 percent believed what Clinton had talked about would be an improvement on the current health care system. But 70 percent said he had not provided everything they needed to know to evaluate the plan's effects.
WASHINGTON Gorbachev will speak to GOP
Mikhail Gorbachev, who put the former Soviet Union on the road to democratic reform but never renounced communism, now is going to help Republican Senate candidates raise money.
Gorbachev will be the featured attraction at a fund-raiser Nov. 4 for the National Republican Senatorial Committee, which works to elect GOP candidates to the Senate.
"It's sort of capitalism at its finest — using all available resources," Republican strategist Ann Stone said Monday.
Some high-powered Republicans said privately that they found Gorbachev's attendance a bit odd because the former Communist Party leader tried to preserve the Soviet Union and never denounced communism. President Reagan once called the Soviet Union the "Evil Empire," although Gorbachev was seen as a driving force to end those days.
The Senatorial Committee's chairman, Sen. Phil Gramm, R-Texas, wrote in a fund-raising letter to Republican donors that Gorbachev now "travels the world, fostering communication and diplomacy among all nations."
Compiled from The Associated Press.
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