Date: Sun, 3 Mar 1996 18:57:28 -0500 From: Denny LEE / ACLU Subject: Gay Naval Officer Heads to 4th Circuit Appeals Court **AMERICAN CIVIL LIBERTIES UNION** _________________________________________________________________ News from the ACLU National Headquarters Gay Naval Officer's Case Will Be Argued Before U.S. Appeals Court on March 4th FOR IMMEDIATE RELEASE Friday, March 1, 1996 SEATTLE, Wash. -- A challenge to the Pentagon's two-year old "don't ask, don't tell" policy on lesbians and gay men in the military will be heard on Monday, March 4th before a three-judge panel of the United States Court of Appeals for the Ninth Circuit in Seattle. The case, which will be argued by the American Civil Liberties Union on behalf of former Navy Petty Officer Mark Philips, contends that the government's current ban on gays in the military violates the First and Fifth Amendments, and is based solely on the fear that heterosexual troops are prejudiced against lesbians and gay men. Discharge proceedings against Philips began in November 1992, when he informed commanding officers that he is gay. Philips, who received many commendations for his service including a Bronze star for Desert Storm, also revealed that he has had intimate relations with other men off-base. As a result, this is the first case to focus on the "conduct" portion of the ban, which permits heterosexuals to engage in private sexual conduct, but which forbids all intimate relationships for lesbians and gay men. WHAT: Government's ban on gays in the military challenged before federal appeals court. News conference will be held outside courthouse following oral argument. WHO: Matt Coles, Director of the ACLU's Lesbian and Gay Rights Project, who will be arguing the case. WHERE: U.S. Court of Appeals for the Ninth Circuit in Seattle, Wash. 1010 Fifth Avenue -- Room 815 WHEN: Monday, March 4, 1995 at 1:30 p.m. News conference begins at approximately 4:00 p.m. -- 30 -- Contacts: Denny Lee, ACLU National, (212) 944-9800 ext. 424 Doug Honig, ACLU of Washington, (206) 624-2184 _________________________________________________________________ Media Relations Office 132 W 43rd Street, NYC 10036 (212) 944-9800 ext. 414