Ask the Scholar
Page 64 of 65
I can add historical knowledge about this page.
Page image
OCR
01/27/93
13:35
202 633 5331
PUBLIC AFFAIRS
003
to this decision with the district court, and the court remanded
to the magistrate judge for another recommended decision.
In Paniccia V. Dep't of Defense, No. CIV 92-2127-PHX-EHC (D.
Ariz.), an Air Force member who was separated on October 7, 1992
for homosexuality challenges the policy on equal protection
grounds. Before he announced his homosexuality, he had requested
and received an early separation date of December 31, 1992, at
which time he would leave the Air Force and receive over $29,000
in benefits. However, in light of his separation for
homosexuality, he did not receive these benefits. The district
court denied Paniccia's request for a PI (without prejudice)
because he failed to make an adequate showing of irreparable
harm. Thereafter, he was unsuccessful in asking the Air Force to
revoke his early separation request. It appears that he has
waived money damages for jurisdictional reasons. Thus, the only
relief that may be at issue is the correction of his military
records to reflect that he was not discharged for homosexuality.
In Lopez V. Rice, No. 3:92-CV-2692-D (N.D. Tex.), Lt. Lopez seeks
declaratory and injunctive relief preventing the Air Force from
separating her based on her acknowledged homosexual activities
with a female airman. Lopez claims that the policy violates the
Fifth and Ninth Amendments, and constitutes an unlawful bill of
attainder by singling out a specific group of individuals for
punishment. Her brief in support of her motion for a PI is due
January 28, 1993, and our reply is due February 12, 1993. The
court has indicated that it will rule on Lopez's motion prior to
her scheduled administrative discharge board on March 4, 1993.
The Air Force states that it will proceed with the discharge
board because Lopez not only admitted to homosexual conduct, her
conduct involved a military subordinate in violation of the
military's fraternization policy.
In Walmer V. Dept of Defense, No. 93-2015-EEO (D. Kan.), an Army
officer with 13 years of service seeks injunctive relief barring
her discharge and requiring the Army to permit her to graduate
from the U.S. Army Command and General Staff College. Because
she allegedly engaged in homosexual acts, the Army had scheduled
her for discharge on January 14, 1993. She obtained a TRO,
however, prohibiting such a discharge until January 29, 1993.
She raises numerous constitutional and statutory challenges to
the military's homosexual policy.
3
Page data
- Page
- 64
- Source index
- 0
- Type
- photo
- Media ID
- 016eac1c7458318e
- Size
- unknown
Document data
- ID
- 580159119
- Core
- doc
- Type
- document
DTO data
{
"id": "580159119",
"sourceUrl": "https://catalog.archives.gov/id/580159119",
"contentType": "document",
"title": "Gays in the Military [2]",
"citationUrl": "https://catalog.archives.gov/id/580159119",
"collections": [
"Records of the Office of the Press Secretary (Clinton Administration)",
"Dee Dee Myers' Files"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-001.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-001.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-001.jpg",
"imageCount": 65,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "580159119",
"label": "Gays in the Military [2]",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/580159119"
}
Document source metadata
{
"id": "580159119",
"sourceUrl": "https://catalog.archives.gov/id/580159119",
"contentType": "document",
"title": "Gays in the Military [2]",
"citationUrl": "https://catalog.archives.gov/id/580159119",
"collections": [
"Records of the Office of the Press Secretary (Clinton Administration)",
"Dee Dee Myers' Files"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-001.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-001.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-001.jpg",
"imageCount": 65,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/580159119",
"naId": 580159119,
"levelOfDescription": "fileUnit",
"otherTitles": [
"42-t-7432017-20110587F-007-014-2017"
],
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 64,
"pageIndex": 0,
"type": "photo",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/clinton/7432017/42-t-7432017-20110587F-007-014-2017/42-t-7432017-20110587F-007-014-2017-064.jpg",
"mediaId": "016eac1c7458318e",
"ocrText": "01/27/93\n13:35\n202 633 5331\nPUBLIC AFFAIRS\n003\nto this decision with the district court, and the court remanded\nto the magistrate judge for another recommended decision.\nIn Paniccia V. Dep't of Defense, No. CIV 92-2127-PHX-EHC (D.\nAriz.), an Air Force member who was separated on October 7, 1992\nfor homosexuality challenges the policy on equal protection\ngrounds. Before he announced his homosexuality, he had requested\nand received an early separation date of December 31, 1992, at\nwhich time he would leave the Air Force and receive over $29,000\nin benefits. However, in light of his separation for\nhomosexuality, he did not receive these benefits. The district\ncourt denied Paniccia's request for a PI (without prejudice)\nbecause he failed to make an adequate showing of irreparable\nharm. Thereafter, he was unsuccessful in asking the Air Force to\nrevoke his early separation request. It appears that he has\nwaived money damages for jurisdictional reasons. Thus, the only\nrelief that may be at issue is the correction of his military\nrecords to reflect that he was not discharged for homosexuality.\nIn Lopez V. Rice, No. 3:92-CV-2692-D (N.D. Tex.), Lt. Lopez seeks\ndeclaratory and injunctive relief preventing the Air Force from\nseparating her based on her acknowledged homosexual activities\nwith a female airman. Lopez claims that the policy violates the\nFifth and Ninth Amendments, and constitutes an unlawful bill of\nattainder by singling out a specific group of individuals for\npunishment. Her brief in support of her motion for a PI is due\nJanuary 28, 1993, and our reply is due February 12, 1993. The\ncourt has indicated that it will rule on Lopez's motion prior to\nher scheduled administrative discharge board on March 4, 1993.\nThe Air Force states that it will proceed with the discharge\nboard because Lopez not only admitted to homosexual conduct, her\nconduct involved a military subordinate in violation of the\nmilitary's fraternization policy.\nIn Walmer V. Dept of Defense, No. 93-2015-EEO (D. Kan.), an Army\nofficer with 13 years of service seeks injunctive relief barring\nher discharge and requiring the Army to permit her to graduate\nfrom the U.S. Army Command and General Staff College. Because\nshe allegedly engaged in homosexual acts, the Army had scheduled\nher for discharge on January 14, 1993. She obtained a TRO,\nhowever, prohibiting such a discharge until January 29, 1993.\nShe raises numerous constitutional and statutory challenges to\nthe military's homosexual policy.\n3"
}