Holmes v. California National Guard
- Holmes v. California National Guard
LGBT rights
Holmes v. California National Guard, 124 F.3d 1126 (1998) was a federal court case heard by the Ninth Circuit Court of Appeals, that discusses the "Don’t Ask, Don’t Tell" discrimination policy toward gay people in the military of the California National Guard, of the United States.
The court held that a state National Guard member could not be discharged for saying publicly that he is gay—but could be excluded from any of the many positions in the Guard that require federal recognition.
"Don’t Ask, Don’t Tell" was a policy introduced by President Bill Clinton during his first weeks in office in 1993 as an effort to address controversy over gays serving in the military. Under the earlier policy, military officials asked recruits and others in service whether they were gay, then discharged both gay people who answered "yes" and those who answered "no" but were found to have lied. The new policy barred officials from inquiring or probing the sexual orientation of people in military service, but it still provided for the discharge of people whose public statements or actions affirmed that they were gay.
Although Clinton intended the policy as a step forward in defending the rights of gays to serve in the military, in fact it continued harming the gay soldiers, sailors and others, who now had to lie covering up their identity and sexual orientation to keep their jobs.
Andrew Holmes, a California National Guardsman, claimed he was pressured by his superiors to issue a statement that he was not gay. Instead, he presented a memo to his commanding officer stating that as "a matter of conscience, honesty and pride, I am compelled to inform you that I am gay". This memo brought a counter statement by the U.S. Army National Guard, saying that as a "gay" person Holmes could not have a federal recognition, therefore he would never be called again to the reserve service.
Holmes sued in federal court and won, but the Ninth U.S. Circuit Court of Appeals held that Holmes continued to hold a position in the state National Guard that does not require federal recognition and is not subject to being called into federal service.
External links
* [http://www.usdoj.gov/osg/briefs/1998/0responses/98-0500.resp.pdf ANDREW HOLMES v. CALIFORNIA ARMY NATIONAL GUARD] - pdf file
* [http://www.geocities.com/c_andy_holmes/ The Andrew Holmes case site]
Wikimedia Foundation.
2010.
Look at other dictionaries:
National Register of Historic Places listings in Humboldt County, California — Map of all coordinates from Google Map of all coordinates from Bing … Wikipedia
National Register of Historic Places listings in Lake County, Illinois — See also: List of Registered Historic Places in Illinois Contents: List of Registered Historic Places in Lake County, Illinois, USA: This National Park Service list is complete through NPS recent listings posted November 10, 2011.[1] … Wikipedia
National Register of Historic Places listings in Essex County, Massachusetts — Location of Essex County in Massachusetts This is a list of the National Register of Historic Places listings in Essex County, Massachusetts. This is intended to be a complete list of the properties and districts on the National Register of… … Wikipedia
Don't ask, don't tell — DADT redirects here. For the television syndication company, see Disney ABC Domestic Television. For other uses, see Don t ask, don t tell (disambiguation) … Wikipedia
Rivalries in the National Football League — As with all sports leagues, there are a number of significant rivalries in the National Football League (NFL). Rivalries are occasionally created due to a particular event that causes bad blood between teams, players, coaches, or owners, but for… … Wikipedia
Oliver Wendell Holmes High School — Address 6500 Ingram San Antonio, Texas, 78238 United States Coordinates … Wikipedia
Pinkerton National Detective Agency — We Never Sleep , the famous motto of the Pinkerton Agency, redirects here. For the 1917 film starring Harold Lloyd, see We Never Sleep (film) .The Pinkerton National Detective Agency, usually shortened to the Pinkertons, was a private U.S.… … Wikipedia
Schedule for the 2008 Democratic National Convention — The following is a schedule of the 2008 Democratic National Convention that was held from August 25 to August 27 at Pepsi Center and on August 28 at INVESCO Field at Mile High in Denver, Colorado.unday, August 24Interfaith gatheringA Democratic… … Wikipedia
Radovich v. National Football League — Infobox SCOTUS case Litigants=Radovich v. National Football League ArgueDate=January 17 ArgueYear=1957 DecideDate=February 25 DecideYear=1957 FullName=William Radovich v. National Football League et al USVol=352 USPage=445 Citation=… … Wikipedia
October 2007 — is the tenth month of that year. It began on a Monday and 31 days later, ended on a Wednesday. International holidays October 2 – Gandhi Jayanti (India) October 3 – Last third of Ramadan which includes Laylat al Qadr (Islamic) October 3 – end of… … Wikipedia
