Court Leaves Intact Military’s Gay Ban : Homosexual: Appeal rejected on Californian released by Navy, and Wisconsin lesbian denied re-enlistment.

WASHINGTON —  The Supreme Court today left intact the U.S. military’s general ban on homosexuals serving in the Army and Navy.

The court, without comment, rejected appeals by a California man released from Navy active duty because he is gay and a woman denied re-enlistment in the Army Reserve in Wisconsin because she is a lesbian.

James M. Woodward of Spring Valley, Calif., challenged the Navy’s general ban on homosexuals.

He enlisted in 1972 for a six-year hitch in the Naval Flight Officer Candidate Program. He was allowed to enter the Naval Reserve program even though he had answered “yes” to a questionnaire that asked whether he was sexually attracted to men or desired sex with men. Woodward answered “no” to a question whether he had ever engaged in homosexual conduct.

He completed flight school training and was commissioned as an ensign in the Naval Reserve.

Woodward was serving in an air squadron stationed in the Philippines when in 1974 he was seen in the Subic Bay Officers’ Club sitting with a sailor who was to be discharged for homosexual conduct.

The Navy generally bars homosexuals but has retained some.

When questioned by his commanding officer, Woodward acknowledged his homosexual tendencies. After Woodward refused to resign, the commanding officer recommended to the chief of naval personnel that Woodward be discharged.

The Navy did not discharge Woodward but released him from active duty and assigned him to the Naval Air Reserve staff in San Diego. He served there until 1978, when he completed his six-year military obligation.

Woodward sued in 1976, alleging that he had been unlawfully separated from active duty. The suit sought back pay and reinstatement.

The U.S. Claims Court dismissed Woodward’s suit, and the U.S. Court of Appeals for the Federal Circuit upheld the dismissal last March 29.

“Woodward was not discharged for homosexuality; rather he was considered for reassignment, but because of his mediocre record as an officer and his homosexuality he was ultimately released from active duty,” the appeals court said.

Army Reserve Sgt. Miriam Ben-Shalom, 41, is stationed in Milwaukee and has been allowed to remain in the military pending the outcome of her appeal.

The actions today were not rulings on the legality of the military ban but simply a summary rejection of the appeals. The justices did not preclude the possibility that in some future case they will agree to review the policy toward homosexuals.

In other actions, the court:

--Refused to force the CIA to release its documents on the 1985 sinking of the Greenpeace ship Rainbow Warrior by French government agents. The justices let stand rulings that the spy agency may withhold the documents from a Houston lawyer who is seeking them under the Freedom of Information Act.

--Said it will decide whether a federal law that requires some losers of lawsuits to pay the winners’ lawyer fees also covers fees for expert witnesses.