Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 14, 1995 TAG: 9503140144
SECTION: NATIONAL/INTERNATIONAL PAGE: A3 EDITION: METRO
SOURCE: ASSOCIATED PRESS
DATELINE: NEW YORK LENGTH: Medium
As some of the six plaintiffs sat in court in their Army or Navy uniforms, U.S. District Judge Eugene Nickerson heard testimony from a psychiatrist who said the hundreds of gay sailors he counseled over the years were no better or worse at their jobs than heterosexuals.
The judge also heard from a military analyst who said he could find no ``clear line of agreement'' that a person's sexual orientation can harm military performance.
Nickerson, who is hearing the case without a jury, said he will issue a ruling before the end of the month.
The lawsuit seeks to overturn the Pentagon's ``don't ask, don't tell'' policy, saying it violates free-speech rights. Under the rule, gays may serve in the military as long as they keep their sexual orientation private and do not engage in homosexual activity.
The plaintiffs want it replaced with a rule that states sexual orientation is ``not germane'' to performance and that all service members must be held to identical standards.
Deputy Assistant Attorney General John Rogovin said the government plans to call no witnesses but will cite testimony of senior officers and experts before Congress to buttress its view that ``don't ask, don't tell'' works.
About 500 people have been discharged under the rule. Some 15 openly gay service members are still on duty, pending the outcome of appeals.
The Washington-based Service Members Legal Defense Network also said there have been about 340 violations of the policy, mostly in the form of harassment by commanders.
Former Rand Corp. analyst Robert MacCoun testified Monday that his studies of ``unit cohesion'' found the presence of gays does not affect a military unit's ability to function.
``You don't have to like someone to work with them,'' said MacCoun, who teaches at the University of California at Berkeley. A unit's performance is determined by its ability to work as a team rather than through social relationships, he said.
by CNB