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OCR Page 1 of 141mentald
TEL:
Oct 17,94 11:58 No.005 P.02
bays- intet 1
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October 17, 1994
SICE
TALKING POINTS ON MEINHOLD
Summary of Reasons Why: Rehearing Was Not Sought
The government chose not to pursue the
extraordinary step of seeking en banc review in
Meinhold because it upholds the constitutionality
of much of the old homosexual conduct policy.
The narrow restriction on the old policy contained
in the opinion has no legal effect on the new
policy.
Summary of Holding in Meinhold
The Ninth Circuit held it is constitutional to
discharge members for homosexual acts.
The court recognized that it is constitutional to
discharge members for statements demonstrating a
propensity to engage in homosexual acts.
--
The court specifically acknowledged the
Department's argument that, because of the
critical nature of the military mission. the
military need not assume the risk that a
person with homosexual propensity will act
consistent with that propensity.
The Ninth Circuit did not rule any aspect of the
old or new policies unconstitutional.
--
It vacated the district court's holding that
the old policy is unconstitutional.
:
It interpreted the language of the old policy
as not supporting the discharge in the narrow
circumstances of Meinhold's case.
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It vacated those portions of the district
court's injunction that would have interfered
with enforcement of the policy with respect
to other servicemembers.