Date: Thu, 14 Dec 1995 16:06:41 -0500 From: DennyCLU@aol.com To: Multiple recipients of list GLB-PRESS Subject: "Don't Ask, Don't Tell" Goes to Appeals Court _________________________________________________________________ News from the ACLU National Headquarters Military Ban on Gays Goes to Federal Appeals Court in New York; Test Case Challenge to "Don't Ask, Don't Tell" to be Argued on Dec. 19th FOR IMMEDIATE RELEASE Tuesday, December 12, 1995 NEW YORK-- Moving closer to a widely anticipated ruling by the United States Supreme Court, a challenge to the Clinton Administration's ban on gays in the military will be argued before a federal appeals court in New York next Tuesday (Dec. 19th). The American Civil Liberties Union and Lambda Legal Defense and Education Fund will hold a news conference outside the courthouse following oral argument. The case, Able v. USA -- filed jointly by Lambda and the ACLU -- is the first case to directly challenge the constitutionality of the ban. Brought on behalf of six lesbian and gay service members, the lawsuit contends that the so-called "don't ask, don't tell" legislation is discriminatory, based on prejudice, and in violation of free speech and equal protection. The case is on appeal from a federal district court in Brooklyn, which dealt a major blow to the government's new ban in March when it ruled that the law violated the First and Fifth Amendments, and was based solely on the fears and prejudices of heterosexual troops. "Congress may not enact discriminatory legislation because it desires to insulate heterosexual service members from statements that might excite their prejudices," the judge said. ------------------------------------------------------------------------------ ------ What: Federal appeals court hears test case challenge to the military's current ban on lesbian and gay service members. A news conference will be held immediately following the argument. Who: Matthew Coles, Director of the ACLU's Lesbian and Gay Rights Project Beatrice Dohrn, Legal Director of Lambda Legal Defense and Education Fund Where: U.S. Court of Appeals for the Second Circuit 40 Foley Square (lower Manhattan) When: Tuesday, December 19th at 10:00 a.m. Contact: Denny Lee (ACLU), 212/944-9800 ext. 424 -- 30 -- _____________________________________________________________ Media Relations Office 132 W 43rd Street, NYC 10036 (212) 944-9800 ext. 414 ******************************************************************************* To send a message to the entire list "queerlaw", email queerlaw@abacus.oxy.edu To unsubscribe, send a message 'unsubscribe queerlaw' to MAJORDOMO@abacus.oxy.edu. To subscribe, send a message 'subscribe queerlaw' to MAJORDOMO@abacus.oxy.edu. *******************************************************************************