Supreme Court upholds military's policy on gays

DAILY BRIEFING

Supreme Court upholds military's policy on gays

The Supreme Court today reaffirmed the military's "don't ask, don't tell" policy, rejecting a challenge by two former servicemen discharged after declaring their homosexuality.

The court said that the military policy is not based on prejudice against homosexuals and does not violate their free-speech rights, the Associated Press reported. The policy prohibits inquiries into a service member's sexual orientation but allows discharge for homosexual conduct or for a "propensity" to engage in that conduct. If a member admits he or she is homosexual, it is considered a "propensity" to engage in such conduct.

In recent years, the Supreme Court has rejected five efforts to invalidate the policy.

The appeal was filed by National Guard 1st Lt. Andrew Holmes of Sacramento, Calif., and Navy Lt. Richard Watson. Holmes declared his homosexuality to his commanding officer in 1993. In a written statement to his commanding officer in 1994, Watson said, "I have a homosexual orientation."

Both men were discharged and sued in federal courts. A judge ruled for Holmes and declared the military policy unconstitutional, but a judge in Seattle ruled against Watson. The 9th U.S. Circuit Court of Appeals combined the cases and upheld the military's policy.