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Gays in the Military – Executive Response and Background: Newsclips
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Gays in the Military – Executive Response and Background: Newsclips
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This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Marvin Krislov
Subseries:
Steve Neuwirth
OA/ID Number:
8191
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Folder Title:
Gays in the Military - Executive Response and Background: Newsclips
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S
113
3
9
3
NAVY TIMES
6
2/26/96
Clinton won't
Mine crews t
FYI
enforce new
By Ernest Blazar
mine warfare &
law on HIV
Times staff writer
tant theaters now
WASHINGTON - Sailors manning for-
sortie 1 1 a
-C
By Nick Adde
ward-deployed mine contermeasures ships
hostilities begin.
Times staff writer
are in for a shake-up.
Ardent and Dex
WASHINGTON - The Clinton
The two ships in the Western Pacific,
ton, S.C., prepari:
Aministration and Congress are
Guardian and Patriot, will now be perma-
are due to leave
heading for a showdown on the pres-
nently stationed in Japan, bringing an end
heavy-lift be
fident's decision to not defend the
to the rotation of 83-man crews from Ingle-
and arrive in the
new law that requires the dismissal
side, Texas.
from the Pentagor
of HIV-positive service members.
The ships will now receive permanent
The Mine Wai
But high noon probably won't
crews. Families and crew members began
owns the ships, is
come until the end of August, when
moving to Sasebo, Japan, Jan. 1.
side, Texas.
the Defense Department will be re-
But the Navy's decision to forward de-
ploy rather than homeport other
No increased t
quired to begin dismissing troops.
When Clinton signed the 1996 De-
mine countermeasure ships to the Persian
Col. John Smi
fense Authorization Act Feb. 10, he
Gulf will resurrect the rotational crewing
Central Command
expressed his distaste for the provi-
policy there.
for U.S. operations
sion that calls for the discharge of
The same crews that used to trade off
cision to d the
anyone who tests positive for human
ownership of Patriot and Guardian in the
"not as a result .
immunodeficiency virus-1 - the vi-
Western Pacific will now be pointed to the
from mi
rus that causes AIDS.
Persian Gulf to man the Ardent and Dex-
Iran is known 1
Although the disease has no
trous in six-month shifts.
sophisticated mine
known cure, past military policy al-
There are four crews per ship, each serv-
tagon statement Sa
lowed HIV-positive service members
ing a six-month deployment in a standard
will help "ensur
to remain on duty as long as they
24-month deployment cycle.
points in the regio
were healthy enough to serve.
The Pentagon announced Feb. 14, the
Capt. Bruce Var
The new law offers HIV-positive
move of the Ardent and Dextrous to the
fare policy expert
service members honorable dis-
Persian Gulf, under the control of the Fifth
cuts down our tir
charges, and allows infected people
Fleet, headquartered in Manama, Bahrain.
mining incident.'
with 18 or more years of service to
It's part of the Navy's new push to get
Mine counterm
remain on duty until they qualify for
retirement pay.
Clinton called the new provision
Dalton on the 'sta
"discriminatory," and ordered the
Justice Department not to defend it
in federal courts. Instead, he advised
By Ernest Blazar
Times staff writer
Attorney General Janet Reno to de-
Touching
fer the government's responsibility
WASHINGTON - The Navy has made
to defend the law to Congress.
some mistakes in its effort to smoothly in-
Following a pr
The president also called for the
tegrate women throughout the service, ad-
of the Navy Feb
departments of Defense, Veterans
mitted Navy Secretary John Dalton.
Dalton touched 0
Affairs and Transportation to pro-
"And we'll make more," he told report-
Some highlights:
vide "full benefits" to HIV-positive
ers at a press conference Feb. 14.
Readiness.
service members and their families.
"There are some in our service that still
readiness proble
Sympathetic lawmakers in both
don't get it," Dalton said. "And that, unfor-
longer does the N
the House and Senate say they will
tunately, includes some of our flag and gen-
they return from
attempt to repeal the policy.
eral officers and senior enlisted personnel."
Navy has manag
"There is strong bipartisan sup-
But he said such missteps are a natural
he said. "It Is no
port in the Senate for repealing the
offshoot in trying to make cultural and so-
Technology
provision, and we intend to do all we
cial changes in the Navy.
a. good enough fi
can to see that its days on the stat-
"My expectation is that this change
ophy when it con
ute books are numbered," said Sen.
caused by moving forward will create fric-
Dalton said. Tom
Edward M. Kennedy, D-Mass.
tion - throwing off sparks, and introduc-
been improved
In the House, Rep. Peter G. Tor-
ing heat and light to some of the dark cor-
rates in the Persi
kildsen, R-Mass., introduced a bill to
ners of the organization."
today.
repeal the provision before the Na-
Dalton's speech was billed as a report on
Navy-Marin
tional Security Committee on Feb. 1.
the "State of the Navy." The first three-
Corps leadership
Citing the support of Defense Secre-
fourths of his speech focused on readiness,
Navy Annex will
tary William Perry and Joint Chiefs of
technology and efficiency. The last quarter
Marine team, Da
Staff Chairman Gen. John Shalikash-
addressed topics that have attracted the
cohesive team an
vili, Torkildsen said, "When our na-
most recent headlines.
well
tion's top military officials state clear-
Dalton was contrite, but firm, saying the
Women on
ly that HIV-positive men and women
Navy was right in quickly making public
examine future S
are capable of performing their duty,
the errors of its people, a strategy still ques-
clude a study c
Congress should not be micromanag-
tioned by some flag officers who complain
members. But Da
ing military personnel policy."
they've seen no payoff yet.
perience as a yo
Supporters of the discharge policy
But Dalton argued that quickly getting
call it a readiness issue, and dismiss
word out to the public on scandals will re-
suggestions that banning otherwise
sult in a better Navy in the long term, he
rule-breaking, is "
healthy carriers of HIV from active
said.
"SecNav put his fi
duty is unfair. A spokesman for the
"The more open the forum, the better
Navy culture and ,
measure's sponsor, Rep. Robert K.
the environment for organizational and
havior and rules."
Dornan, R-Calif., accused the adminis-
public feedback," he said.
Though recent
tration of "ignoring the Constitution."
He called it a "process of public renew-
have been the focu
Congress is not likely to stand still
al."
ton reminded repo
and accept the administration's posi-
The reaction from some quarters was
stranger to such p
tion, Fallon said. He could not speci-
supportive.
We have "hit
fy what action lawmakers will take,
"Well at least Dalton gets it," said John
now and then thr
adding "We will have to wait and
Byron, a retired Navy submarine captain
said. "We have at
see."
who argues in the February Naval Institute
scrutiny of insider
Proceedings that embedded sexism, not
it has attracted th
02/20/96 13:56
202 219 7965
001/002
U.S. DEPARTMENT OF LABOR
White House Liaison
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Tel: 202-219-7464
Fax: 202-219-7965
Date:
Seb 20,1996 Feb 20,1996
To:
Marrin Krislon
Fax Number:
456-1647
From:
Richard socarides
Number of Pages:
2
(including cover sheet)
Action
As Discussed
Approval
As Requested
Note and Return
Circulate
Comment
Prepare Reply
Investigate
See Me
For Clearance
Signature
For Correction
Information
COMMENTS:
02/20/96
13:56
202 219 7965
002/002
February 18, 1558 THE WASHINGTON BLADE 19
National News
President declares HIV ban unconstitutional
Calling measure 'discriminatory,' president promises his administration will not defend it
by Lou Chibbaro Jr.
fall-back, not the fix," said Michelle Be-
in the last two weekt ns conservative po-
President Clinton last week took the
necke, an attorney with the Servicemem-
fitical commentators, public officials. and
u
step of declaring as unconstim-
hers Legal Defense Network. which pro-
sports figures, Including basketball star
tional A clause in a defense budget bill
vides legal assistance for Gays in the wil-
Farvin "Magic" Johnson. expressed out-
that requires the military to discharge all
Itery.
ruge over the discharge provision and
servicemembers who trat positive for
Catherine Hanssons, an amorney with
called on Congress to repoal it.
HIV antibodies.
the New York-based Lamhda Legal De-
Secretary of Defense William J. Perry
Clinton's decision to refuse to defend a
fense and Education Fund said attorneys
and the chair of the U.S. Joint Chicfs of
law passed by Congress against a court
representing affected servicemembers
Staff. Gen. John M. Shalikashvili, Issued
challenge marked the First time a U.S.
would seek 3 temporary Infunction to
a joint statement calling the provision un-
president has taken such an action since
provent the military from discharging ser-
necessary and disruptive to military per-
President Franklin Delano Roosevelt did
vicemembers if Congress or the courts do
sonnel policy.
more than 50 years ago.
not strike down the provision before It
"Discharging service members decmed
Clinton, while signing the National
takes effect. She snid a motion for an in-
fit for duty would waste the govern-
Defense Authorization Act of 1996 into
Junction. Just like the Tinal outcome of a
ment investment in the waining of these
Law on Feb. 10. said he has directed the
lawsuis, is uncertain.
individuals and be disruptive to the mill-
Justice Department not TO defend the HIV
The HIV discharge clause requires the
tary programs in which they play an Inte-
discharge clause In court against a law-
military to discharge. within a six-month
gral role," the two said.
period, servieemembers found to be HIV
On Feb. 9, one day before he signed the
milt.
AIDS advocacy groups have said they
antibody positive under the military's
defense bill. Clinton Issued a directive to
will file suit to overtum the chause if
mandatory testing program.
the DOD and other federal agencies call-
Congress does not inke steps to repeal it
^ bill introduced in the House earlier
ing on them to "lake all necessary steps.
have concluded that this discrimi-
through a separate bill.
this month by Rep. Peter Torkildson (R-
consistent with applicable law," to ensure
natory provision is unconstitution-
The president called the discharge pro-
Mass.) seeks to repeal the HIV discharge
that servicemembers who may eventually
al," President Clinton said in # riste-
vision "discriminatory and highly puni-
provision and has garnered the support of
ment
be discharged on the HIV provision, along
live" and promised to support efforts in
82 spousors as of late this week. A
with their families, be given full medical
Congress to repeal the provision "hefore
similar repeal bill has yet to be intro-
Clinion veteral an earther version of the
and retirement benefits.
a single servicemember is discharged
duced in the Senate.
bill. which reauthorizes the programs of
The discharge provision, as passed by
from the armed forces."
Ony civil rights and AIDS advocacy
the Department of Defense. in December.
Congress, would deny servicemembers
-I have concluded that this discrimina-
groups, while praising Clinton for vow-
Hc cited the HIV discharge provision and
who have HTV Infection the same med.
lory provision is unconstitutional, Clin-
ing to nght the HIV discharge provision,
several other provisions - reasons for
ical benefits routinely given to service-
ton said in his Feb. 10 statement. "In ne-
continued in express concern that the
objecting to the legislation.
members who are discharged on other
cordance with my constitutional determi-
president decided to sign the provision
A House Senate conference committee
medical grounds. According to DOD of.
nation, - Attorney General will decline
into law.
responded in January by removing sever-
ficials. 1,049 servicemembers have tested
to defend this provision. Insuead. the A1-
"We are disappointed that President
así of the provisions to which Clinton ob-
positive for HIV antibodies but are cur
torney General will inform the House and
Clinton has not used his veto power to
jected. However. at the insistance of anti-
rently still capable of performing their
Senate of this determination 80 that they
strike down this horr Thie law." said
Gay Rep. Roben Dornan (R-Calif.). nu-
classies.
may. if they wish. present to the courts
Melinda Puras, executive director of the
ther of the HIV discharge provision, and
Benecke. of the Servicemembers Lagal
their argument that the provision should
National Gay and Lesbian Task Force.
Sen. Trent Lon (R-Miss.). the conference
Defense Network. said it is uncertain
whether legal grounds exist to allow the
be sustained."
"Today marks a and day in the history
committee refused 10 remove the HIV
Gny civil rights allorneys said they
of the AIDS epidemic," said Mark
provision. Congress them passed the re-
DOD to carry out Clinion's request for
were pleased that Clinton decided not to
Barnes, executive director of the AIDS
vised bill by a lopsided margin without "
providing full medical benefits for ser-
defend the provision in court but cau-
Action Council. a national group that lob-
direct vote on the discharge provision.
vicemenbers discharged under the Dor.
tioned that the outcome of D lawsuit to
bics the federal government on AIDS-re-
Clinton, through White House
nan-sponsored IIIV discharge provision.
challenge the provision Is uncertain.
lated issues. Barnes said the HIV dis-
spokespersons. said last month he was
"If the president and members of Con-
"It's neither a dead bang loser nor a
charge provision establishes - "danger-
angered over the conference committee's
gress are looking for a lawshit to get off
sure winner." said Matt Coles, executive
DUE precedent by legalizing AIDS dis-
action but decided the bill included too
the hook. they are wrong." said ACLU
director of the ACLU's National Lesbian
crimination.
many Important defense provisions. in-
attorney Coles. "We do not expect to
start court action right away. This is an
and Gay Rights Project "It's somewhere
"Now that the president has signed the
cluding a long overtue pay rise for mem-
in between."
bill, he is responsible for this measure."
hers of the military. to justify a presiden-
uncharted area," he said. referring to the
Coles and other allorneys who are like-
said Elizabeth Birch, executive director
rial veto It WAS at that time that the pres-
legal and constitutional theory that must
ly to represent servicemembers who chal-
of the Human Rights Campaign, a nation-
Ident said be would push efforts on Capi-
be employed to light the discharge provi-
lenge the discharge provision said the
al Gay ctvil rights group. "We will hold
tol Hill to repeal the HTV discharge pm-
sion in court.
best bet for fighting the provision is to
him accountable for keeping the promise
vision.
"Yes. we will E" to court If we must."
persuade Congress to repeal It.
hc has made to ace this adious measure is
Momentory on Capitol HIII for repeal-
hc said. "But the best way to remove this
Litigation should be viewed as the
repealed."
ing the provision appeared to be growing
law is to repeal it.
cause of fear and ignorance about HIV
Gingrich goes one-on-one with Magic
and AIDS." Johnson said in nis letter to
Gingrich and Dole. "I'm writing to you
on behalf of 51 group of people that I've
by Lou Chibbaro Jr.
and the danger of being in combat and
in mDlusy field hospitals, contrary to
House Speaker Newt Gingrich may
Gingrich's statements. Zingale caid.
Dover met but for whom I have the great-
what happens in # field hospital." Gin-
have angered both basketball fans and
grich sald, -if you have people bleeding.
The Department of Defense has said
est respect and empathy." he said. "the
Gay activista this week when no criti-
the policy for dealing with servicemem-
1.049 members of the U.S. military (with
people wounded, and you don't have a
cized backetball star Earvin "Magic"
clue who has HIV."
bers with Hrv. prior to the recently
HIV] who, like me, Just want to do their
Johnson for urging Congress to repeal a
Gingrich's comments drew immediate
passed discharge provision, required such
jobs and provide for their families."
law that requires the military to discharge
criticism from the Human Rights Cam-
servicemembers with HIV to be stationed
Added Johnson. "I hope you will do
service members who test positive for
paign. SI national Gay political group,
only in the United States, where they re-
right by those 1,049 service members and
HRV antiborlics.
which noted that current military policy
mained on active duty as long as their ill-
stop ignorance. fear. and prejudice from
forcing them to 'retire' from the Jobs they
Gingrich told reporters in his home
doca not allow aervicamembers with HIV
ness did not prevent them from doing
district in Georgia on Wednesday that the
to go into combat.
their jobs.
love and their important service to our
HIV discharge provision, which Con-
"Clearly. it is Speaker Gingrich who
Last work. Johnson released copies of
country."
green attached to a defense authorization
does not understand the realities of the
leners hc sent to Gingrich and Dole
Gingrich on Wednesday rejected John-
bill. is necessary to protect soldiers in
U.S. military," said HRC political direc-
which urged them to support legislation
son's request. suying those who are call-
combat and should not be repealed.
for Daniel Zingale. "Servicemembers
to repeal the HTV discharge provision.
ing for repealing the discharge provision.
"What Magic Johnson doesn't under-
who rest positive for the AIDS virus are
"As I'm sure you know, I left the ca-
Including Clinton, are taking n "totally ir.
stand Is the nature of being in the military
not engaging in warfare or spending time
reer I love four years ago in large part be-
responsible position.
02/06/96 18:13
202 219 7965
001/002
U.S. DEPARTMENT OF LABOR
White House Liaison
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Tel: 202-219-7464
Fax: 202-219-7971
Date:
Feb 6,1995
To:
Marrin Krislon
Fax Number:
456-1647
From:
Richard Pecarides
Number of Pages:
2
(including cover sheet)
Action
As Discussed
Approval
As Requested
Note and Return
Circulate
Comment
Prepare Reply
Investigate
See Me
For Clearance
Signature
For Correction
Information
COMMENTS:
02/06/96
18:14
202 219 7965
002/002
NEW THE REPUBLIC
FEBRUARY 19, 1996
CROSSING THE LINE
Bad timing, Bill. This was the week that Magic Johnson,
allegedly impair military effectiveness. But the same
four and a half years after announcing he was HIV-
rules that apply to HIV-positive troops apply to anyone
positive, returned to play for the Los Angeles Lakers. It
in the military with a disabling condition, including
was the week that the latest anti-HIV drugs. protease
asthma, cancer, diabetes, heart disease and pregnancy;
inhibitors, in combination with other drugs, were
and Dornan is proposing no discharge for anybody else.
shown in trials to have unprecedented strength against
Besides, Pentagon officials in a recent memo to Con-
the virus. It was a week when the hundreds of thou-
gress argued that "we see no prudent reason to separate
sands of people struggling with the AIDS epidemic, and
and replace" HIV-positive troops.
the millions who comprise their families and friends,
The ironies are particularly rich. Republicans who
could begin to have some real hope for the future. It
wanted to keep the gay ban because the military should
was also the week that the president agreed to sign a bill
have complete freedom in its own affairs now want to
that would discharge over 1.000 healthy, asymptomatic
countermand the military to impose their own "moral"
people with HIV from the military he commands.
agenda. Firing an HIV-positive employee in the private
Even by Clinton's standards, this was a new low in
sector for no good reason is illegal thanks to the Ameri-
political expediency. Sure, he didn't come up with this
cans with Disabilities Act. The military is now obliged to
proposal by himself; he was cornered into it. The pro-
do so by law. The economic cost is also prohibitive.
posal to discharge all HIV-positive military person-
Over 1,000 expensively trained people will be thrown
nel was cynically attached to the vast defense authori-
out of the milirary: doctors, mechanics, lawyers, intelli-
zation bill by Republican congressman and presidential
gence officers, computer specialists-many of the peo-
candidate Robert Dornan. The military, which has an
ple that make our military the best in the world.
exemplary record in dealing with HIV-positive person-
The administration has let it be known that it will try
nel. didn't want it: even Senator Sam Nunn. whose dis-
to reverse the decision by new legislation (to be intro-
comfort with homosexuality is palpable, opposed it.
duced by Senators Nunn and Ted Kennedy) and to ease
The president had vetoed the entire bill once; and
the disruption to disability and medical insurance
there would have been a political price to pay if he
for those discharged. But it's by no means clear
vetoed it again. delaying. once more. a pay raise for
whether what has already been accepted can
military personnel.
now be undone-either by the Congress or
Yes, we know, politics is politics. Compromises are
the president. The ultimate responsibility
sometimes necessary. But there are some things that
belongs, of course, to Dornan, and those
decent people will not do, some lines they will not cross,
Republicans who tolerate him. But Bill Clinton
some convictions they simply will not abandon. One of
has also shown something it will be hard to forget:
those convictions. surely, is that people who serve their
he is truly capable of anything. His hypocrisy is as chill-
country well, while battling a deadly disease, should not
ing as Dornan's bigotry. How many times have we heard
be thrown out of work for no good reason. Do you hold
the president "feel people's pain," empathize with their
up the entire Pentagon, to stand by such a conviction?
plight, express his compassion? A mere two months
Yes, you do. If that means a military pay raise is rejected.
ago, Clinton offered these blandishments: "AIDS-related
it's Dornan's fault, not Clinton's. The president has
discrimination, unfortunately, remains a problem that
vetoed rwelve bills in this Congress because they didn't
offends America's conscience I say this with clear
"reflect our values." If being fair to the sick does not
knowledge, experience and conviction-every person
reflect our values, then what does?
with HIV or AIDS is somebody's son or daughter, some-
Dornan defends his proposal by arguing that HIV-
body's brother or sister, somebody's pareni, somebody's
positive personnel are a drag on the military. Treated
grandparent." We now know those words were and are
differently than other service-members-they are
meaningless. We only hope he has the decency never to
restricted from combat and from duty overseas-they
speak them again.
FEBRUARY 19, 1996 THE NEW REPUBLIC 9
02/05/96
11:28
2202
273
4876
OFC
OF
SECTI
Washington Times, 2/4/96
Clinton to ensure GIs
with HIV get benefits
Readies order to aid discharged soldiers
ASSOCIATED PRESS
virus from being deployed over-
An executive order ready for
scas or sent into combat, and Mr.
President Clinton's signature
Dornan argued that places an
would provide family health care,
undue burden on others in uni-
disability pay and other benefits
form.
for people facing ouster from the
HIV afflicts mainly intravenous
armed fances because they have
B.
part.
drug users and male homosexuals.
the AIDS virus.
Mr. Dornan said Friday that
Mr. Clinton is expected to issue
homosexual-rights advocates are
cohn
the order this week at the same
leading opposition to his provision,
time he signs a $265 billion de-
and as many as half the service
(3) Kennaly
fense bill that contains a provision
members with HIV are former
requiring the military to dis-
drug addicts who got the infection
27 co's
charge service members with
from dirty needles.
HIV, the virus that causes AIDS.
"Nobody gets the special treat-
Mr. Clinton opposes that provision
ment that these people get," even
but supports the overall bill
as the military is discharging
41 co"s
"When the president signs the
healthy service members to re-
bill, we will have in place ready to
duce its ranks, Mr. Dornan said.
announce a set of actions ready.to
Opponents argued that thou-
Torkildson
guarantee a full set of benefits for
sands of service members with
these individuals and their fam-
other serious ailments also are not
flies," said a White House aide,
allowed to be sent to foreign duty
speaking on the condition of ano-
but are not covered by the Dornan
nymity
amendment Also, they said, peo-
On Capitol Hill, meanwhile, law-
ple can become infected with the
makers are beginning a bipartisan
AIDS virus through no fault of
repeal effort aimed at striking out
their own.
the HIV discharge requirement
Sen. Sam Nunn of Georgia,
They have six months to act be-
ranking Democrat on the Senate
fore the military discharges more
Armed Services Committee, is
than 1,000 uniformed enlistees and
working with fellow committee
officers who carry HIV.
members Edward Kennedy, Mas-
Rep. Peter Torkildsen, Massa-
sachusetts Democrat, and William
chusetts Republican. said Friday
Cohen, Maine Republican. on leg-
he has filed legislation to repeal
islation to repeal the Dornan mea-
the provision in the 1996 defense
sure.
authorization bill
Mr. Num recently recounted a
"If Magic Johnson can play pro-
letter from a sergeant with 16
fessional basketball after five
years of service who contracted
years with HIV, then a dedicated
HIV from a blood transfusion and
American should be able to serve
whose wife and two children
his or her country in a noncombat
would losc dependent health bene-
role," Mr. Torkildsen said.
fits with his discharge.
The White House aide said the
"The service is my life," the ser-
executive order is designed as a
geant wrote. "T've given every-
stopgap, in case the legislative re-
thing I have to it. When this bill
peal effort fails. The order would
passes, I'll be out of the service
establish full medical benefits for
and out of a job. How am I sup-
the discharged service members
posed to support my family?"
and their families, partial or full
"We need to put a human face on
disability pay, education benefits
these statistics," Mr. Nunn said.
and job training.
The HIV provision gives the
Rep. Bob Dornan, California Re-
military six months to discharge
publican, wrote the AIDS dis-
the 1,049 military men and women
charge provision into Use bill. Cur-
who have tested positive for the
rent rules forbid those with the
virus.
-5-
002/002
001/001
002/004
Congress M isses the 'Magic' Show
Millary: A bill ousting the
In the services as long as they are able to
perform Cheir required Julies, we are no
HIV-positive has nothing to do
perform their duties. If their health deleri.
prodent reason to separate and replace
orates, the military Initiates separation
them
The proposed provision wouldnot
with readiness; it's simply
procedures and provides disability benefits
Improve military readiness or the person.
TOTAL P.003
discrimination.
and continued health Insurance coverage
nel policies of the department."
for them and their dependents, Sn theycan
remain near health rare providers, military
II Magic Johnson can run and leap with
By BARBARA BOXER
personnel with HIV are placed on "world-
the best of them, why can't 8 military clerk
wide nondeployable status." which means
file with the best of them, or a milliary
703 693
OFFICE
Americans cheered last week AS Earvin
driver drive with the hest of them?
that they CANNOL be rent on overseas mis-
"Magle" Johnson träumphantly returned to
stons. Soldiers with other revious chronte
Perhaps the worst aspect of like new pol-
the Los A ngales Lakers. In just 27 minutes,
illnesses, such assevere nathma, cancer and
icy is its Total rejection of the compasion
he scored 18 points and dispetted any
diabetes are also mondepinyable. In fact,
and camaraderie for which the armed
remaining doubt about his ability to com-
only about 20% of the more than 5,000
forces are sightfully praised. The United
pete the highest level
nondeployable personnel are infected with
States of America does not hick its soldiers
To their credit, Magic's fans, corches,
HIV.
when they are down. We have a proud ITA-
teammales and even his NBA opponents
Tite congressional authors of the new
dition of standing by those courageous
DORNAN
welcomed back with open arms. Imag-
policy. led by Rep. Robert K. Dornan of
enough to dedicate their careers to the
Ine how absurd it would be if Congress. just
Orange County, argue that nondeployable
defense of our nation. That tradition will
as Magic demonstrated his Hall of Fame
personnel degrade military readiness
end the day this new policy is enacted.
talent, passed a law requiring the NBA to
because they cannot be sent overseas.
Military personnel discharged under the
fire all batkelball players who have the
However, their true motive appears to be
new pollcy will lose their jobs even It they
HNSC
BIV virus,
leas laky than protecting the readlness of
exhibit no eigne of illness. They will lose
This past week, Congress did something
DUP fortes The new policy irrationally ain-
their right to disability benefits and their
REP
Just that absurd.
glee onl inilitary personnel with HIV. It
spouser and children will lose their health
A little-noticed provision of the annual
backers Inly believe that nondeployable
care coverage. This polley la worle than
military spending bill requiree the Penta-
personnel harmed readiness, why wouldn't
wrong, His un- American
gon to fre all soldiers, sullers' and Maxthes
they neek to must soldlere with diabetes and
who test positive for the HIV virus, even if
The same day that President. Clinion
asthmal The only concelvante answer Is
they perform their dutles as skillfully as
that readiness la not Cheir reat motivation.
signs the bill that includes this new policy,
Magic Johnson makes a no-look puse. The
a hipartisan group of senators will Intro-
Their motivation is allsorimination, pure
military strongly objected to this provision.
and simple.
duce legislation to repeat il. The president
2202257120
and our sentor milliary leaders support
DOD GC
but Congress did not care. The president
Can anyone seriously contand that 1,055
has called the new pollcy unfair, but
HTV-positive soldiers-less than 01% of
repeal. Despite their strong support, the
because 11 is part of a larger bill that
octds are unclear. But 1 am certain aboutone
the total force-ean meaningfully affect
Includes urgenlly needed funding for our
thing: Those who vote "no" should lake a
readiness? The Pentagon doesn't think so.
good look In themieror.
troops in Bosnis, he will sign A Into law.
Ils Inp personnel policy expert, Assistant
Under current policy. military personnel
Defense Secretary Pred Pang, recently
with the HIV virus are permitted to remain
wrole that "AS long as these members can
Darbora Boxer is d Democral representing
Collornia in the U.S. Senute.
15:20
FAX
L.A.TimES:
FEB-07-1996 16:45
02/08/96
14:54
08:29
2-6-96
/06/96
2/06/96
JOHN
n.Pl
FYI
Not much cover age
at all on this
(But a lot on
Some-sex marriage)
:- C
Feb
16, 1
THE WASHINGTON BLADE - 19
National News
President declares HIV ban unconstitutional
Calling measure 'discriminatory,' president promises his administration will not defend it
by Lou Chibbaro Jr.
fall-back, not the fix," said Michelle Be-
in the last two weeks as conservative po-
President Clinton last week took the
necke, an attorney with the Servicemem-
litical commentators, public officials, and
unusual step of declaring as unconstitu-
bers Legal Defense Network, which pro-
sports figures, including basketball star
=
a clause in a defense budget bill
vides legal assistance for Gays in the mil-
Earvin "Magic" Johnson, expressed out-
that requires the military to discharge all
itary.
rage over the discharge provision and
servicemembers who test positive for
Catherine Hanssens, an attorney with
called on Congress to repeal it.
V antibodies.
the New York-based Lambda Legal De-
Clinton's decision to refuse to defend a
Secretary of Defense William J. Perry
fense and Education Fund, said attorneys
and the chair of the U.S. Joint Chiefs of
passed by Congress against a court
representing affected servicemembers
Staff, Gen. John M. Shalikashvili, issued
challenge marked the first time a U.S.
would seek a temporary injunction to
a joint statement calling the provision un-
president has taken such an action since
prevent the military from discharging ser-
President Franklin Delano Roosevelt did
necessary and disruptive to military per-
vicemembers if Congress or the courts do
sonnel policy.
more than 50 years ago.
not strike down the provision before it
"Discharging service members deemed
Clinton, while signing the National
takes effect. She said a motion for an in-
fit for duty would waste the govern-
Defense Authorization Act of 1996 into
junction, just like the final outcome of a
law'on Feb. 10, said he has directed the
ment's investment in the training of these
lawsuit, is uncertain.
individuals and be disruptive to the mili-
Justice Department not to defend the HIV
The HIV discharge clause requires the
military to discharge, within a six-month
by Clint Stath
tary programs in which they play an inte-
discharge clause in court against a law-
gral role," the two said.
suit.
period, servicemembers found to be HIV
On Feb. 9, one day before he signed the
AIDS advocacy groups have said they
antibody positive under the military's
defense bill, Clinton issued a directive to
will file suit to overtum the clause if
mandatory testing program.
the DOD and other federal agencies call-
Congress does not take steps to repeal it
A bill introduced in the House earlier
through a separate bill.
this month by Rep. Peter Torkildsen (R-
have concluded that this discrimi-
ing on them to "take all necessary steps,
The president called the discharge pro-
Mass.) seeks to repeal the HIV discharge
natory provision is unconstitution-
consistent with applicable law," to ensure
al," President Clinton said in a state-
that servicemembers who may eventually
vision "discriminatory and highly puni-
provision and has garnered the support of
ment.
tive" and promised to support efforts in
be discharged on the HIV provision, along
82 co-sponsors as of late this week. A
with their families, be given full medical
Congress to repeal the provision "before
similar repeal bill has yet to be intro-
Clinton vetoed an earlier version of the
and retirement benefits.
a single servicemember is discharged
duced in the Senate.
bill, which reauthorizes the programs of
from the armed forces."
The discharge provision, as passed by
Gay civil rights and AIDS advocacy
the Department of Defense, in December.
Congress, would deny servicemembers
"I have concluded that this discrimina-
groups, while praising Clinton for vow-
He cited the HIV discharge provision and
who have HIV infection the same med-
tory provision is unconstitutional," Clin-
ing to fight the HIV discharge provision,
several other provisions as reasons for
ical benefits routinely given to service-
ton said in his Feb. 10 statement. "In ac-
continued to express concern that the
objecting to the legislation.
members who are discharged on other
cordance with my constitutional determi-
president decided to sign the provision
A House-Senate conference committee
medical grounds. According to DOD of-
nation, the Attorney General will decline
into law.
responded in January by removing sever-
ficials, 1,049 servicemembers have tested
to defend this provision. Instead, the At-
"We are disappointed that President
al of the provisions to which Clinton ob-
positive for HIV antibodies but are cur-
torney General will inform the House and
Clinton has not used his veto power to
jected. However, at the insistence of anti-
rently still capable of performing their
Senate of this determination so that they
strike down this horrible law," said
Gay Rep. Robert Dornan (R-Calif.), au-
duties.
may, if they wish, present to the courts
Melinda Paras, executive director of the
thor of the HIV discharge provision, and
their argument that the provision should
Benecke, of the Servicemembers Legal
National Gay and Lesbian Task Force.
Sen. Trent Lott (R-Miss.), the conference
Defense Network, said it is uncertain
be sustained."
"Today marks a sad day in the history
committee refused to remove the HIV
whether legal grounds exist to allow the
Gay civil rights attorneys said they
of the AIDS epidemic," said Mark
provision. Congress then passed the re-
were pleased that Clinton decided not to
DOD to carry out Clinton's request for
Barnes, executive director of the AIDS
vised bill by a lopsided margin without a
defend the provision in court but cau-
providing full medical benefits for ser,
Action Council, a national group that lob-
direct vote on the discharge provision.
tioned that the outcome of a lawsuit to
vicemembers discharged under the Dor-
bies the federal government on AIDS-re-
Clinton, through White House
challenge the provision is uncertain.
nan-sponsored HIV discharge provision.
lated issues. Barnes said the HIV dis-
spokespersons, said last month he was
"If the president and members of Con-
"It's neither a dead bang loser nor a
charge provision establishes a "danger-
angered over the conference committee's
sure winner," said Matt Coles, executive
gress are looking for a lawsuit to get off
ous" precedent by legalizing AIDS dis-
action but decided the bill included too
director of the ACLU's National Lesbian
the hook, they are wrong," said ACLU
crimination.
many important defense provisions, in-
and Gay Rights Project. "It's somewhere
attorney Coles. "We do not expect to
"Now that the president has signed the
cluding a long overdue pay rise for mem-
in between."
start court action right away. This is an
bill, he is responsible for this measure,"
bers of the military, to justify a presiden-
uncharted area," he said, referring to the
Coles and other attorneys who are like-
said Elizabeth Birch, executive director
tial veto. It was at that time that the pres-
ly to represent servicemembers who chal-
legal and constitutional theory that must
of the Human Rights Campaign, a nation-
ident said he would push efforts on Capi-
lenge the discharge provision said the
be employed to fight the discharge provi-
al Gay civil rights group. "We will hold
tol Hill to repeal the HIV discharge pro-
sion in court.
best bet for fighting the provision is to
him accountable for keeping the promise
vision.
pers
Congress to repeal it.
"Yes, we will go to court if we must,"
he has made to see this odious measure is
Momentum on Capitol Hill for repeal-
"Litigation should be viewed as the
he said. "But the best way to remove this
repealed."
ing the provision appeared to be growing
law is to repeal it.
Gingrich goes one-on-one with Magic
cause of fear and ignorance about HIV
and AIDS," Johnson said in his letter to
Gingrich and Dole. "I'm writing to you
by Lou Chibbaro Jr.
and the danger of being in combat and
in military field hospitals, contrary to
on behalf of a group of people that I've
H
Speaker Newt Gingrich may
what happens in a field hospital," Gin-
Gingrich's statements,' Zingale said.
never met but for whom I have the great-
have angered both basketball fans and
grich said, "if you have people bleeding,
The Department of Defense has said
est respect and empathy," he said, "the
Gay activists this week when he criti-
people wounded, and you don't have a
the policy for dealing with servicemem-
1,049 members of the U.S. military [with
c
basketball star Earvin "Magic"
clue who has HIV."
bers with HIV, prior to the recently
HIV] who, like me, just want to do their
Johnson for urging Congress to repeal a
Gingrich's comments drew immediate
passed discharge provision, required such
jobs and provide for their families."
law that requires the military to discharge
criticism from the Human Rights Cam-
servicemembers with HIV to be stationed
Added Johnson, "I. hope you will do
service members who test positive for
paign, a national Gay political group,
only in the United States, where they re-
right by those 1,049 service members and
HIV antibodies.
which noted that current military policy
mained on active duty as long as their ill-
Gingrich told reporters in his home
stop ignorance, fear, and prejudice from
does not allow servicemembers with HIV
ness did not prevent them from doing
district in Georgia on Wednesday that the
forcing them to 'retire' from the jobs they
to go into combat.
their jobs.
HIV discharge provision, which Con-
love and their important service to our
"Clearly, it is Speaker Gingrich who
Last week, Johnson released copies of
gress attached to a defense authorization
country."
does not understand the realities of the
letters he sent to Gingrich and Dole
bill, is necessary to protect soldiers in
Gingrich on Wednesday rejected John-
U.S. military," said HRC political direc-
which urged them to support legislation
combat and should not be repealed.
son's request, saying those who are call-
for Daniel Zingale. "Servicemembers
to repeal the HIV discharge provision.
"What Magic Johnson doesn't under-
ing for repealing the discharge provision,
who test positive for the AIDS virus are
"As I'm sure you know, 1 left the ca-
stand is the nature of being in the military
including Clinton, are taking a "totally ir-
not engaging in warfare or spending time
reer I love four years ago in large part be-
responsible position.
HARRY SUMMERS
HIV
and service in the military
eportedly the "Defense
HIV are a personal burden on their
John Shalikasvili, the chairman of
men commanded their squads and
R
Department" is opposed to
fellow service members because,
the Joint Chiefs of Staff, recently
platoons in combat. The effect on
the recent congressional
among other things, they cannot be
gave the real reason why such per-
morale was devastating. It was a
Jegislation mandating the
deployed overseas and are exclud-
sonnel should not be retained on
travesty that should-not be repeat-
discharge of 1,049 service men and
ed from combat.
active duty when he reemphasized
ed in the name of either political
women now on active duty who
Admittedly, those with the AIDS
a fundamental military principle.
correctness or misguided compas-
have tested positive for the AIDS
virus are not alone. "About 20 per-
"Our main purpose," he said, "is to
sion.
virus. One can only wonder who
cent of the 'undeployable' military
fight and win our nation's wars."
Evidently critics think war is
those "defense" officials might be,
personnel are HIV-positive," noted
The hard fact, as Capt. Russell
some kind of a game. The New York
To Manin Kriston
for surely they would not include
The Washington Post. "The rest suf-
Moriarity, adjutant of the 2nd Bat-
Times editorialized that "the anti-
anyone physically involved in
tle Group, 60th Infantry, used to
AID bigots
could learn a lot
defending this nation.
impress on us new second lieu-
about AIDS and humanity and com-
The reason has nothing to do with
tenants almost four decades ago
mon sense by following the saga of
(Wellwor
homophobia, although those
Their concern for
when we came to him with our tales
Magic Johnson who has just
opposed to the ban such as ACT-UP
of woe, is that the Army is not an
returned to the National Basketball
and other activist groups have fas-
homosexual rights has
eleemosynary society. Forced to our
Association." But it was the "com-
tened on the remarks of the bill's
dictionaries, as he intended, to fig-
mon sense" of the editorial that was
sponsor, Rep. Robert K. Dornan,
blinded them to the
ure out what in the world he was
strained, for it failed to note that,
California Republican, who called
medical and military
talking about, we learned that the
unlike HIV-positive service mem-
the HIV-infected personnel "drug,
Army was not intended to be
bers, Magic Johnson is not restrict-
users, people who visit whorehous-
realities.
involved in pity, mercy, charity or
ed to home games only. If that were
es or homosexuals" as evidence to
alms. The armed forces existed to
so, it's doubtful the NBA would have
the contrary. The media also joined
fight. "We're warriors," said then
agreed to his return.
THURSDAY, FEBRUARY 8, 1996
The Washington Times
the chorus. A Washington Post edi-
JCS Chairman Gen. Colin Powell in
As Karl von Clausewitz wrote a
torial called the policy change "vin-
fer from other diseases [including]
1993. "We never want to lose sight
century and a half before the AIDS
dictive," the New York Times
chronic but not debilitating illness
of this basic underlying principle.
virus was discovered, "The end for
labeled it an "atrocity," and USA
such as asthma, cancer or heart
That's why you have armed forces
which a soldier is recruited,
Today awarded the bill its "Dis-
disease." Prior to the new legisla-
within the United States structure."
clothed, armed and trained, the
graceful Play of the Week" award.
tion, Defense Department policy
As a combat infantry veteran, I
whole object of his sleeping, eating,
Not surprisingly, the New Republic
was to retain all such "undeploy-
speak with some prejudice, not
drinking and marching, is simply
went into a snit.
ables" on active duty, and to sepa-
against those with HIV but against
that he should fight at the right
But their concern for homosexu-
rate or retire them only "when they
those who for whatever reason can-
place and the right time." If today's
al rights have blinded them to the
can no longer perform their job."
not perform their battlefield duties.
soldiers cannot do that, they have
medical and military realities. It
What should be done is not to
In Vietnam, our infantry battalion
no business in our armed forces.
has been said, given today's climate,
repeal the law mandating separa-
was plagued by a number of
if "Typhoid Mary" had been a les-
tion or retirement of HIV-positive
sergeants who had "sick slips"
bian we'd still be in the midst of a
service members, but instead to
excusing them from wearing a hel-
Harry G. Summers Jr., a retired
typhoid epidemic. Be that as it may,
expand that law to apply to all other
met, from marching or even from
U.S. Army colonel, is a distin-
there are valid reasons why Mr.
nondeployables as well. Although
exposure to loud noises. As a result
guished fellow of the Army War Col-
Dornan's bill makes sense. As he
his remarks were made in an
they had to be left behind in the
lege and a nationally syndicated
himself said, service members with
entirely different context, Gen.
base camps while junior enlisted
columnist.
The Washington Times
THURSDAY, FEBRUARY 8, 1996
WESLEY PRUDEN, Editor in Chief
JOSETTE SHINER Managing Editor
Washington
GEOFFREY H. EDWARDS. Vice President, General Manager
MARY LOU FORBES. Commentary Editor
Times
RONALD S. GODWIN. Vice President
TOD LINDBERG. Editor of the Editorial Page
Cie
KEITH COOPERRIDER. Chief Financial Officer
MICHAEL R. MAHR Advertising Director
WOODY WEST. Associate Editor
ARNAUD DE BORCHGRAVE Editor at Large
CRAIG SIMMERS. Circulation Director
PETER COURTRIGHT. Marketing Director
PRESTON E. INNERST. Deputy Managing Editor
CHRIS AMBROSINI. Production Director
TED AGRES BARBARA TAYLOR
JOSEPH W. SCOPIN FRANCIS B. COOMBS JR.
Founded
1982
SARA COOPERRIDER Computer Services Director
Assistant Managing Editors
America's Newspaper
Go with the governors
ust about everybody is excited about the bipar-
bait. This is not to say that the GOP shouldn't run with
J
tisan solutions to the welfare and Medicaid mess-
the opportunity the governors have presented. In
es that have been proposed by the nation's gov-
fact, Republicans should seize upon the new bipar-
ernors. Speaker of the House Newt Gingrich is said
tisan proposals drawn up by the governors and pre-
to be "thrilled." Senate Majority Leader Bob Dole
sent them to the president as a fait accompli. If Mr.
says the compromise plan "holds great promise."
Clinton wishes to sign such legislation, all the better.
Even President Clinton is happy about it -sort of.
If he chooses to veto it, the very bipartisan origin of
Calling the governors' Medicaid plan a step in the
the ideas could prove to be the glue with which a
right direction, Mr. Clinton suggested that it could
coalition of Republicans and moderate Democrats
be the grounds for a new round of budget negotia-
could be joined, and a veto overridden.
tions - that is, as long as the president could be guar-
There are those who have been advising the
anteed that Medicaid remained a federal entitlement.
Republican party to go into November with no bud-
Aside from the fact that the whole idea behind
get agreement whatsoever. This advice is based
Medicaid reform is that it takes the program out of
upon the inescapable fact that the president has
the ossified category of entitlements, the president's
shown no willingness or intention to negotiate in good
reaction suggests that all Mr. Clinton is interested in
faith. Thus the only solution is to stop negotiating and
is resuming negotiations on budget issues, as
wait to see if the new year brings a new president.
opposed to actually achieving agreement on budget
The error in the advice is the assumption that not
issues. The endless talks between the White House
negotiating means not legislating. Bringing up a
and Capitol Hill were a public relations bonanza for
new budget, or large parts of a new budget, drawn
Mr. Clinton, with the president's poll numbers bub-
along the governors' outlines, requires no consulta-
bling up on the strength of his ability to frighten peo-
tion with the president whatsoever. Indeed, any such
ple with his caricature of the Republican agenda.
tete-a-tete could only end up scuttling the very work-
Now that the talks have broken off, the scare tactics
able compromise crafted by the governors. Repub-
have lost their immediacy. Instead, the underlying
lican leaders should follow through on their pledge
dissatisfaction with federal red ink is bubbling back
to work the governors' plan up into legislation. Let
up. How Mr. Clinton would love to go back to the sta-
Mr. Clinton veto it if he wants. But he will have a
tus quo ante, locking Republicans into another sev-
much harder time trying to pin the "extremist" tag
eral months of fruitless closed-door negotiations.
on a budget that has the support of the nation's gov-
The Republicans should not take the president's
ernors of both parties.
Military Has No Room
For the H.I.V. Positive
To the Editor
Re "Magic Shows the Way" (edito-
rial, Feb. 1) The only thing proved
by the return of the basketball player
Magic Johnson, who is H.I.V. posi-
tive, to the National Basketball Asso-
ciation is that team owners love
money more than people. Like it or
not, Johnson's colleagues will always
treat him differently - and not be-
cause of a phobia.
This is the reality that faces H.I.V.
infected military personnel. Their ill-
ness is unlike that of other nonde-
ployable colleagues whose status
must be handled on a case-by-case
basis. H.I.V. does not go away: What is
"punitive" about telling these nonmil-
itary military personnel they are no
longer of service to the United States
military?
You ignore; that 99.9 percent of
H.I.V.-infected personnel have bro-
ken the Uniform Code of Military
Justice in activities that led to ac-
quiring the disease Other categories
of nondeployment limitation are not
the result of breaking military law.
Contrary to your assertion, the dis-
charges are supported by the uni-
formed military. The military has a
military agenda, not a political
one:
ROBERT K: DORNAN
Member of Congress, 46th Dist., Calif.
Washington, Feb. 5; 1996
PHOTOCOPY
PRESERVATION
Reluctantly,
Clinton Signs
Defense Bill
He Calls for Repeal
Of H.I. V. Measure
By PHIL IP SHENON
WASHINGTON, Feb. 10 - Presi-
dent Clinton signed a $265 billion
defense authorization bill today
while promising he would not enforce
a blatantly discriminatory provi
sion of the bill requiring the Penta
gon to discharge troops who have the
virus that causes AIDS
White House officials said the
President felt that he had no choice
but to sign the authorization bill be
cause it contained a variety of other
provisions that he considered vital to
national defense and troop morale,
including a-2.4 percent military pay
raise
Under the bill, the Defense Depart-
ment is compelled to begin ousting
infected service members within six
months regardless of their ability to
perform their jobs The Pentagon
has estimated that slightly more
than 1,000 service members are in
fected with H.I.V., the AIDS virus.
Mr Clinton vowed today to work
with Congress to repeal this provi-
sion before a single service member
is discharged from the service
White House lawyers said the dis-
charge provision was unconstitution-
al and would almost, immediately
draw a court challenge from advoca-
cy groups. They said they were hope-
ful that Federal courts would block
the provision from taking effect: The
President has ordered the Justice
Department not to defend the provi-
sion in court
If the courts do not act, however,
the military careers of H.I V.-infect-
ed service members would come to
an end later this year soldiers and
other military employees' receive
regular blood tests, making it impos-
sible to hide the condition - even
PHOTOCOPY
though the Pentagon holds that virtu-
PRESERVATION
ally all of them are fit for duty.
Mr. Clinton vetoed an earlier ver-
sion of the bill largely because it
required the deployment of a multi-
billion-dollar missile defense system
by 2003.- The White House believes
the provision was a violation of the
1972 antiballistic missile treaty, and
it was deleted in its entirety from the
hill.signed.today
intectediservice members within six
months regardless of their ability to
perform their. jobs. The Pentagon
has estimated that slightly more
than 1,000 service members are in-
fected with H.I.V., the AIDS virus.
Mr. Clinton vowed today to work
with Congress 'to repeal this provi-
sion before a single service member
is discharged from the service
White House lawyers said the dis
charge provision was unconstitution-
al and would almost immediately
drawa court challenge from advoca-
cy groups They said they were hope-
ful that Federal courts would block
the provision from taking effect. The
President has ordered the Justice
Department not to defend the provi-
sion in court
If the courts do not act; however
the military careers of H.I. infect
ed service members would come; to
an end later this year - soldiers and
other military employees receive
regular blood tests, making it impos-
sible to hide the condition - even
though the Pentagon holds that virtu-
ally all of them are fit for duty
Mr Clinton vetoed an earlier ver
sion of the bill largely because it
required the deployment of a multi-
billion-dollar missile defense system
by 2003. The White House believes
the provision was a violation of the
1972 antiballistic missile treaty, and
it was deleted in its entirety from the
bill signed today
The new bill contained several oth
er appropriations not requested by
the White House, including $493 mil-
lion originally earmarked by law
makers to build new B-2 stealth
bombers beyond the fleet of 20 re-
quested by the Air Force: The White
House has said that it would use the
money not to build new bombers, but
to upgrade the existing fleet of B-2's.
Over the President's objections,
the bill also placed a ban on abor-
tions at American military hospitals
abroad: Abortions have long been
banned at military hospitals in the
United States, but they were permit-
ted at military installations abroad
out of concern that safe, private
abortion services were not always
available overseas.
The provision requiring the ouster
of service members. infected with
H.I.V: was placed in the appropria-
tions bill by Representative Bob Dor-
nan, a California Republican who is
seeking his party's Presidential
nomination:
Mr. Dornan argued that the com-
bat readiness of the military is
PHOTOCOPY
harmed by the presence of troops
with H.I.V., and he said Friday that
PRESERVATION
President Clinton was "deferring to
the wishes of a vocal minority who
donate heavily. to his Presidential
campaign" by seeking to overturn
the provision.
Until now, service members in-
fected with H.I.V. have been allowed
to stay on active duty in the United
States so long as they remained
healthy and able to do their jobs.
not allowed to serve over-
1972 antiballistic missile treaty, and
it was deleted in its entirety from the
bill signed today.
The new bill contained several oth-
er appropriations not requested by
the White House, including $493 mil-
lion originally earmarked by law-
makers to build new B-2 stealth
bombers beyond the fleet of 20 re-
quested by the Air Force: The White
House has said that it would use the
money not to build new bombers, but
to upgrade the existing fleet of B-2's.
Over the President's objections,
the bill also placed a ban on abor-
tions at American military hospitals
abroad. Abortions have long been
banned at military hospitals in the
United States, but they were permit-
ted at military installations abroad
out of concern that safe, private
abortion services were not always
available overseas.
The provision requiring the ouster
of service members infected with
H.I.V: was placed in the appropria-
tions bill by Representative Bob Dor-
nan, a California Republican who is
seeking his party's Presidential
nomination
Mr. Dornan argued that the com-
bat readiness of the military is
harmed by the presence of troops
with H.I.V., and he said Friday that
President Clinton was "deferring to
the wishes of a vocal minority who
donate heavily to his Presidential
campaign" by seeking to overturn
the provision.
Until now, service members in-
fected with H.I.V. have been allowed
to stay on active duty in the United
States so long as they remained
healthy and able to do their jobs.
They are not allowed to serve over-
seas Because of regular blood tests
in the military, the virus is usually
detected early, years before the on-
set of full-blown AIDS:
Mr Clinton has endorsed legisla-
tion sponsored by Senators Edward
M. Kennedy, Democrat of Massachu-
setts, and William S. Cohen, Republi-
can of Maine, to repeal the ouster
provision, and there is strong biparti-
san support in the Senate for such a
move: The repeal faces an uphill
struggle in the House.
The men and women affected by
this provision are ready, willing and
able to serve their country with hon-
or and should be allowed to continue
to do so," the President said today.
'People living with H.I.V. can and do
lead full and productive lives, pro-
vide for their. families, and contrib-
ute to the well being of our nation."
Under the bill, troops with H.I.V.
who are discharged would qualify for
full medical benefits, but they would
not receive disability pay, and their
spouses and children would not re-
ceive military medical benefits. The
PHOTOCOPY
bill exempts, service members in-
fected with the virus who are within
PRESERVATION
two years of their retirement, allow-
ing them to leave the military with
full benefits.
ATTENTION HIV POSITIVE
MILITARY PERSONNEL
BE ALL THAT
You CAN BE
JOHNSON
I DON'T WANT
YOU
JOIN THE NBA !
AUTH
BY AUTH FOR THE PHILADELPHIA INQUIRER
White House to Challenge
Ban on HIV in Military
President Still Plans to Sign Defense Bill
House and the department had
By Dana Priest
come to an agreement on what it
Washington Post Staff Writer
meant, officials said.
The Clinton administration said
Under the new law, service
yesterday it would try to repeal a
members who tested positive for
defense bill provision requiring dis-
HIV would have a complete pack-
charge of service members who
age of medical benefits for them-
have the AIDS virus, and added it is
selves when they were discharged,
also considering a legal challenge to
but their dependents' coverage
the measure.
would be permanently dropped.
"These people are being tossed
That is in contrast with service per-
out without a job, without any secu-
sonnel discharged for having other
rity, said Patricia Fleming, director
disabling diseases, whose depen-
of the White House AIDS policy of-
dents retain medical coverage.
fice. "It's a travesty of their rights
The law also would affect disabili-
and we re going to pursue a repeal
ty and retirement pay for HIV-posi-
as vigorously as we possibly can."
tive personnel. Under the current
The White House announced
policy, because service people are
Thursday that Clinton would sign
not "medically retired" until they
the $265 billion defense bill despite
become sick, they are usually im-
his opposition to the provision re-
mediately eligible upon discharge
garding service members with HIV,
for disability and retirement pay.
the virus that causes AIDS. The
Under the new law, however, be-
new bill, approved by the Senate
cause most of those with HIV would
yesterday after previously passing
be forced to leave long before they
the House, would force people with
became disabled or eligible for re-
HIV out of the service SIX months
tirement, they would lose disability
after it is signed.
Yesterday, responding to a bar-
rage of criticism by AIDS activist
groups and its own AIDS policy of-
"These people are
fice, White House officials met with
experts from the Defense Depart-
being tossed out
ment and the Veterans Administra-
tion to map out a strategy. It could
without a job,
include a Justice Department law-
PHOTOCOPY
suit challenging the constitutionali-
without any
ty of the prospective law, White
PRESERVATION
House officials said.
security. It's a
Several national AIDS advocacy
groups also said yesterday they
travesty of their
would pursue class-action suits to
challenge the bill, which they said is
rights and we 're
inherently discriminatory.
The Defense Department said
going to pursue a
there are 1,049 male and female
service members who are known to
repeal as vigorously
be HIV-positive and would be
forced out by the bill.
as we possibly can.
Under current law, people with
- Patricia Fleming,
the HIV virus are allowed to remain
White House AIDS policy office
in the military as long as they can
perform their jobs, just like people
with other chronic illnesses such as
or retirement benefits when they
cancer, diabetes, heart disease and
were discharged, Defense Depart-
asthma. They are prohibited from
ment and White House officials said.
holding certain jobs, however. For
However, if they became disabled
example, they cannot serve aboard
sometime after they left the ser-
1
ne
write
policy, because service people are
Thursday that Clinton would sign
not "medically retired" until they
the $265 billion defe bill despite
become sick, they are usually im-
his opposition to the pro' n re-
mediately eligible upon d harge
garding service members with HIV,
for disability and retirement pay.
the virus that causes AIDS. The
Under the new law, however, be-
new bill; approved by the Senate
cause most of those with HIV would
yesterday after previously passing
be forced to leave long before they
the House, would force people with
HIV out of the service six months
became disabled or eligible for re-
tirement, they would lose disability
after it is signed.
Yesterday, responding to a bar-
rage of criticism by AIDS activist
groups and its own AIDS policy of-
"These people are
fice, White House officials met with
experts from the Defense Depart-
being tossed out
ment and the Veterans Administra-
tion to map out a strategy. It could
without a job,
include a Justice Department law-
suit challenging the constitutionali-
without any
ty of the prospective law, White
House officials said.
security. It's a
Several national AIDS advocacy
groups also said yesterday they
travesty of their
would pursue class-action suits to
challenge the bill, which they said is
rights and we
inherently discriminatory.
The Defense Department said
going to pursue a
there are 1,049 male and female
service members who are known to
repeal as vigorously
be HIV-positive and would be
forced out by the bill.
as we possibly can."
Under current law, people with
Patricia Fleming,
the HIV virus are allowed to remain
White House AIDS policy office
in the military as long as they can
perform their jobs, just like people
with other chronic illnesses such as
or retirement. benefits when they
cancer, diabetes, heart disease and
were discharged, Defense Depart-
asthma. They are prohibited from
ment and White House officials said.
holding certain jobs, however. For
However, if they became disabled
example, they cannot serve aboard
sometime after they left the ser-
ships or on overseas assignments.
vice, they would then qualify for dis-
Although the provision was one
ability pay.
of the reasons Clinton vetoed the
first version of the defense authori-
Carl Brown, 36, is a 1st class pet-
zation bill, White House press sec-
ty officer who works at the war
retary Michael McCurry said yes-
games department at the Navy War
terday that Clinton's major
College in Newport, R.I., and "is
objections to the earlier bill had
feeling perfect" although he has
been satisfactorily revised.
known for 10 years that he has
"There are times when we have
HIV, he said yesterday. He has
to, on balance, accept some things
served in the Navy for 16 years.
that otherwise we wouldn't want to
During the past 10 years, he has
do but are necessary if we're going
managed several offices and gave
to have a strong defense authoriza-
up a chance to retire when the Na-
vy was downsizing because he en-
PHOTOCOPY
tion act, which is what we did in this
case," he said.
joys his job.
PRESERVATION
McCurry said the White House is
"It just seems so silly," he said
working with House and Senate
yesterday. "I'm still fine."
members, which other officials said
Petty Officer 1st Class Tim Nich-
included Democrats and Republi-
ols, 32, who is HIV-positive and was
cans, "to reverse this policy and do
named Sailor of the Year in 1994,
so, we hope, within the six-month
retired this month with substantial
period before it takes effect."
disability benefits not because he
On Thursday and even late yes-
was sick, but because he feared the
erday afternoon, Defense Depart-
pending legislation would hurt him
ent officials were at a loss to ex-
financially if he waited. With two
in in detail the financial and
children, ages 11 and 9, "I just
dical ramifications of the bill for
couldn't chance it," he said yester-
se who are forced out. By yes-
day from Norfolk. "I had to provide
day evening, however, the White
for my kids."
LhN 26/01/2
Clinton Decides U.S. Won'tFight
Suits on H.I. V. Troop Dismissals
By ALISON MITCHELL
WASHINGTON, Feb. 9 - On the
rights proponents in an election
eve of signing a $265 billion military
year.
budget bill, President Clinton today
White House officials said the
directed the Attorney General not to
President planned to sign the overall
defend in court a provision requiring
military measure, inclüding the
the Pentagon to discharge troops
AIDS provision, into law on Satur-
who: have the virus that causes
day. Michael D. McCurry, the White
AIDS. The White House said the
House press secretary, called, the
President viewed the provision as
full legislation, which authorizes
"abhorrent" and unconstitutional.
Pentagon programs for the 1996 fis-
Mr. Clinton also instructed his Ad-
cal year and includes pay raises for
ministration to provide full disability
military personnel, "very critical to
retirement pay, health care cover-
the national security of the United
age and transitional benefits like vo-
States."
cational education to those forced.
But Jack Quinn, the White House
out of the service because they are
counsel, said Mr. Clinton had de-
infected with the AIDS virus, H.I.V.
cided that the Administration, which
In addition; aides said he would cam-
expects a court challenge to the dis-
paign for a bipartisan Senate bill
charge provision from advocacy
that would repeal the discharge pro-
groups, would not defend it in court.
vision
He said the President considered the
The White House announcement
requirement unconstitutional as well
capped a 10-day period in which the
as "completely abhorrent and offen-
sive."
Administration struggled to find a
way to sign the major military bill, a
Under current Pentagon regula
version of which Mr Clinton vetoed
tions; members of the armed serv-
ices who are infected with H.I.V.
in December for a number of rea-
sons, while keeping the support of
may remain on active duty in the
AIDS advocacy groups and gay
United States as long as they are fit:
But they are barred from serving in
combat or anywhere abroad, where
155 EAST 73rd STREET HAS BEEN LIBERATED
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Better prices. Call Liberty Cable 212/891-7777-Advt
Continued on Page 11; Column 1
PHOTOCOPY
PRESERVATION
U.S. Fight Challenges to H.I. V. Ousters
Continued From Page 1
vision that stripped three Govern-
pursue inquiries in the absence of
ment workers of their salaries be-
compelling evidence of homosexual
cause Congress considered them
conduct.
periodic medical monitoring of their
subversives. Roosevelt's stand was
But largely because the compro-
condition might prove infeasible.
ultimately upheld.
mise required gay service members
In sponsoring the discharge provi-
Mr. Quinn said the Congress itself
to keep their sexual orientation pri-
sion, conservatives led by Represent-
could choose to defend the measure
vate, many gay rights advocates, ac-
ative Robert K. Dornan of California,
in court. Congress is out of session,
tive in Democratic politics, were left
a long-shot contender for the Repub-
and neither Speaker Newt Gingrich
feeling betrayed. And moderate
lican Presidential nomination, ar-
nor the Senate majority leader, Bob
Democrats complained that Mr.
gued that given the restrictions on
Dole, had an immediate reaction.
Clinton, who had run as a "new Dem-
the duties of these service members,
Mr. Dornan predicted- that Mr.
they constitute a threat to military
ocrat," had now left the impression
Clinton would lose both in court and
that he was a traditional liberal.
readiness.
in Congress. "These personnel can-
The AIDS provision directs that
Homosexual rights groups and ad-
not go to Bosnia, cannot go to Haiti
vocates for AIDS victims had mixed
any service man or woman infected
and cannot go to Korea, and if over-
with H.I.V. be honorably discharged
reactions today. Melinda Paras, the
seas they must come home," he said.
executive director of the National
within six months. The Pentagon es-
He accused the President of ignoring
timates that more than 1,000 mem-
Gay and Lesbian Task Force, com-
the military's needs "while deferring
bers of the armed forces would be
to the wishes of a vocal minority who
mended the President for calling the
affected.
donate heavily to his Presidential
discharge provision unconstitutional
In a joint statement today, Secre-
campaign."
but said "the more principled action
tary of Defense William J. Perry and
would have been to not allow this
White House officials held out hope
Gen. John M. Shalikashvili, the
that either a Congressional repeal or
provision to become law in the first
Chairman of the Joint Chiefs of Staff,
a court stay would keep the Adminis-
place."
said, "Discharging service members
tration from having to dismiss any
Matt Coles, the director of the
deemed fit for duty would waste the
H.I.V.-infected military personnel by
American Civil Liberties Union's
Government's investment in the
the end of the six-month period. Mr.
AIDS Project, said his group would
training of these individuals and be
Quinn said the Pentagon would wait
give Congress a chance to repeal the
disruptive to the military programs
"until the last possible moment" be-
law. But he said the civil liberties
in which they play an integral role."
fore removing anyone.
union and a number of other groups
They noted that there was already a
But he said Mr. Clinton, once sign-
were ready to sue the moment a
physical evaluation system in place
ing the overall legislation, would
member of the military was dis-
to determine the fitness for duty of
have no choice but to enforce the law
charged.
troops infected with H.I.V.
in the absence of a court ruling
And Magic Johnson, the basketball
Mr. Quinn said that Mr. Clinton
against it.
starr infected with H.I.V., urged Con-
considered the military leaders'
Mr. Clinton's action on the mili-
gressional leaders in a letter to sup-
opinion when he decided that the
tary measure was particularly sensi-
port repeal of the measure on behalf
discharge provision "arbitrarily dis-
tive politically because one of the
of 1,049 service members with the
criminates and violates all notions of
first controversies he faced in office
virus, "and stop ignorance, fear and
equal protection."
was over his campaign pledge to end
prejudice from forcing them to 're-
In explaining its decision not to
the ban on homosexuals' serving in
tire' from the jobs they love and their
defend the provision in court, the
the military. Ultimately, faced with
important service to their country."
Administration cited a precedent es-
resistance from military leaders and
Repeal measures are already
tablished by President Franklin D.
members of Congress, he settled on a
pending in both houses of Congress,
Roosevelt, who signed into law an
compromise that left in place a pro-
and there is strong bipartisan sup-
urgent spending bill needed for the
hibition on homosexual activity but
port for such a move in the Senate.
war effort in 1943 but refused to
that directed commanders not to ask
But repeal faces an uphill struggle in
defend the constitutionality of a pro-
troops about sexual orientation or
the more conservative House.
PHOTOCOPY
PRESERVATION
A4 SATURDAY, FEBRUARY 10, 1996
Clinton Administration
Won't Defend HIV Law
was not fulfilled. Quinn said no one
By Ann Devroy
would lose their job "until the last pos-
Washington Post Staff Writer
sible moment." He and others said
President Clinton yesterday said he
they hope Congress repeals the law
believes legislation requiring dis-
before then, or that a court challenge
charge of members of the military
is filed that prompts a judicial order to
with the AIDS virus is unconstitution-
stop implementing the law until its
al, and he ordered the Justice Depart-
constitutionality is tested. The Clin-
ment not to defend the provision in
ton actions drew strong praise from
court.
civil and gay rights groups. "This was
The Clinton order was part of a
a momentous step toward fairness,"
three-pronged effort by the adminis-
said Kim Mills, spokeswoman for the
tration to protect slightly more than
Human Rights Campaign, a gay and
1,000 servicemen and women affect-
lesbian political organization:
ed by a provision of the $245 billion
Matt Coles, director of the Ameri-
defense authorization bill: Clinton also
can Civil Liberties Union AIDS pro-
ordered that full military disability
ject, said Clinton should have vetoed
benefits be provided anyone dis-
the legislation but that he took the
charged under the provision, and he
next best step. "I think there is no
vowed to work with Congress to re-
question that singling out HIV-posi-
peal the law.
tive service people was done just to
The provision requires that mem-
spite them. That is not legitimate."
bers of the military who test positive
Dornan has said it is unfair to let
for HIV, the virus that causes AIDS,
HIV-positive service members re-
be discharged within six months re-
main in the military because they are
gardless of their ability to perform
their jobs. After a person is infected
not eligible for combat or certain oth-
with HIV, it takes an average of 10
er duties, so other personnel must do
such work. Paul Mero, Dornan's chief
years to develop AIDS.
Clinton believes the provision is
of staff, said Dornan welcomed. the
"completely abhorrent and offensive,"
debate and any legal battle. "We think
White House Counsel Jack Quinn said.
we will win, hands down," Mero told
Until the law is ruled unconstitutional
Knight-Ridder.
or court action blocks its implementa-
In deciding to keep the Justice De-
tion, however, the law will be en-
partment from performing its routine
forced, Quinn said.
job of defending a federal law, Clinton
"If the Congress chooses to defend
took an unusual but not unprecedent-
this treatment of men and women in
ed step. Several presidents have done
the military, it may do so; but this ad-
the same, with the most famous case
ministration will not," Quinn said.
being a decision by Franklin D. Roo-
He said a legal test of the provision
sevelt to sign a defense spending bill
was "as sure as the sun will come up
during World War II despite a provi-
tomorrow," and predicted the courts
sion he believed was unconstitutional.
would overturn it.
The provision-which called for
The provision, sponsored by Rep.
blocking pay of several individual fed-
PHOTOCOPY
Robert K. Dornan (R-Calif.), a conser-
eral officials whom Congress, viewed
vative Republican presidential aspi-
as radical and irresponsible-was not
PRESERVATION
rant, was attached to the defense bill
defended in court by Roosevelt and
that the president is scheduled to sign
was eventually ruled unconstitutional.
this morning. Because the legislation
The Clinton administration relied on a
includes a military pay raise and doz-
Justice Department ruling that the
ens of other key provisions, White
HIV law would only be constitutional
House officials said, it is too impor-
if it "serves a legitimate government
tant to the national defense to veto as
purpose," according to Assistant At-
several civil rights and gay rights
torney General Walter E. Dellinger.
groups asked.
Defense Secretary William J. Perry
The White House opposed the pro-
and Gen. John Shalikashvili, chairman
vision when it emerged in Congress,
of the Joint Chiefs of Staff, said to dis-
but Clinton never threatened to veto
charge HIV-infected service mem-
the overall bill because of it. Many in
bers who are deemed fit to perform
to
work
with
Congress
peal the law.
question that singling out HIV-posi-
The provision requires that mem-
tive service people was done just to
bers of the military who test positive
spite them. That is not legitimate."
Dornan has said it is unfair to let
for HIV, the virus that causes AIDS,
be discharged within six months re-
HIV-positive service members re-
gardless of their ability to perform
main in the military because they are
their jobs. After a person is infected
not eligible for combat or certain oth-
with HIV, it takes an average of 10
er duties, so other personnel must do
years to develop AIDS.
such work. Paul Mero, Dornan's chief
Clinton believes the provision is
of staff, said Dornan welcomed the
"completely abhorrent and offensive,"
debate and any legal battle. "We think
White House Counsel Jack Quinn said.
we will win, hands down," Mero told
Until the law is ruled unconstitutional
Knight-Ridder.
or court action blocks its implementa-
In deciding to keep the Justice De-
tion, however, the law will be en-
partment from performing its routine
forced, Quinn said.
job of defending a federal law, Clinton
"If the Congress chooses to defend
took an unusual but not unprecedent-
this treatment of men and women in
ed step. Several presidents have done
the military, it may do so; but this ad-
the same, with the most famous case
ministration will not," Quinn said.
being a decision by Franklin D. Roo-
He said a legal test of the provision
sevelt to sign a defense spending bill
was "as sure as the sun will come up
during World War II despite a provi-
tomorrow," and predicted the courts
sion he believed was unconstitutional.
would overturn it.
The provision-which called for
The provision, sponsored by Rep.
blocking pay of several individual fed-
Robert K. Dornan (R-Calif.), a conser-
eral officials whom Congress viewed
vative Republican presidential aspi-
as radical and irresponsible-was not
rant, was attached to the defense bill
defended in court by Roosevelt and
that the president is scheduled to sign
was eventually ruled unconstitutional.
this morning. Because the legislation
The Clinton administration relied on a
includes a military pay raise and doz-
Justice Department ruling that the
ens of other key provisions, White
HIV law would only be constitutional
House officials said, it is too impor-
if it "serves a legitimate government
tant to the national defense to veto as
purpose," according to Assistant At-
several civil rights and gay rights
torney General Walter E. Dellinger.
groups asked.
Defense Secretary William J. Perry
The White House opposed the pro-
and Gen: John Shalikashvili, chairman
vision when it emerged in Congress,
of the Joint Chiefs of Staff, said to dis-
but Clinton never threatened to veto
charge HIV-infected service mem-
the overall bill because of it. Many in
bers who are deemed fit to perform
the administration thought it would
their duties would be unwarranted
be killed in a House-Senate confer-
and unwise" and serves no military
ence and never become law.
purpose. That conclusion, Dellinger
Clinton yesterday endorsed legisla-
said, leads to the conclusion that no
tion sponsored by Sen. Edward M.
government purpose is served by the
Kennedy (D-Mass.) and Sen. William
provision.
S. Cohen (R-Maine) to repeal the pro-
vision. To give that legislation a
boost, the White House and basket-
FOR MORE INFORMATION
ball star Earvin "Magic" Johnson re-
To read the text of the defense bill,
leased a letter that Johnson sent to
see Digital Ink, The Post on-line
House Speaker Newt Gingrich (R-
service. To learn about Digital Ink,
Ga.) and Senate Majority Leader Rob-
call 202-334-4740.
ert J. Dole (R-Kan.) asking that the
provision be repealed.
Johnson, who quit basketball after
he was diagnosed as HIV-positive and
then returned to the courts last week,
asked their support for repeal for the
military "who, like me, just want to do
their jobs and provide for their fami-
lies." He asked the Republicans to "do
right by the 1,049 service members
and stop ignorance, fear and prejudice
from forcing them to retire."
Rep. Steve Gunderson (R-Wis.),
PHOTOCOPY
who is gay, said he believes at least
PRESERVATION
some of the Republican leadership in
the House will support repeal of the
provision. He said the provision was
not thwarted earlier because AIDS
activists and others believed they had
a commitment in the Senate that it
W d be killed-an expectation that