FAMILY RESEARCH COUNCIL ARGUES TO UPHOLD 1993 LAW ON HOMOSEXUALS IN THE MILITARY Thomasson v. Perry Heard in U.S. Court of Appeals, 4th Circuit WASHINGTON, Dec. 5, 1995 -- Family Research Council presents oral arguments today in a landmark case in which the U.S. Court of Appeals, 4th Circuit will consider the constitutionality of the Clinton Administration's homosexual policy as an interpretation of the 1993 law passed by Congress excluding homosexuals from military service. FRC Attorney Melissa Wells-Petry, former Army lawyer who has litigated the military's ban on homosexuals for years, submitted friend-of-the-court arguments to the effect that the dismissal from the Navy of Lt. Paul G. Thomasson, a self-identified homosexual, should be upheld. Technically, FRC and the Clinton Justice Department will be on the same side of this case, however their arguments differ greatly. The Justice Department opposes FRC's arguments, based on the intent of the law passed by Congress, and submitted a brief attacking their participation. The Justice Department rests their case on, and as their brief states, has a "paramount interest in defending the validity of Directives" issued to implement the law. Family Research Council analyst Lt. Col. Robert Maginnis says the recent opposition indicates that "the Justice Department's primary motive is to uphold Clinton's promise to the homosexual community rather than to defend a law in the military's best interests." "We hope the court will declare the regulations unconstitutional and sustain the law of the land," Maginnis said. "It would be a tremendous act on behalf of the men and women who put their lives on the line for their nation daily. They deserve to serve in an environment that does not put them in unnecessarily intimate and intrusive circumstances." Maginnis anticipates the 4th Circuit Court of Appeals to refer the case to the Supreme Court.