Navy Lieutenant Calls His Dismissal Unfair

BALTIMORE--A federal judge yesterday ordered the Navy not to kick out a gay sailor who is fighting the Pentagon's "don't ask, don't tell" policy.

U.S. District Judge Joseph Young granted a six-month injunction to allow Lt. Richard Selland to stay in the Navy while he pursues his legal fight against the policy.

The judge said there were questions about whether Selland's rights of due process had been violated.

The Pentagon has said its policy is designed to punish only people who engage in gay sex, but it has moved to discharge several personnel based on statements about their sexual orientation.

Selland's lawyer, Hank Hockeimer, argued that the Navy's case was based solely on Selland's 1993 statement that he is gay. The Navy, he said, has never presented evidence that he engaged in gay sex.

"They're kicking him out of the Navy because of something he said, not did," Hockeimer said. "He's done his job and that's the standard we should use."

Justice Department attorneys, however, said the decision to kick out Selland was fair.

"The policy requires that if some one makes a statement it creates the inference that they will engage in homosexual activity," government lawyer Joseph Lobue said. "The government takes them at their word."

Under the policy adopted in 1993, gays can serve as long as they keep their sexual orientation to themselves and do not engage in gay sex. Otherwise, they can be honorably discharged. Commanders may not ask a service member his or her sexual orientation.

"It seems clear that an individual cannot be discharged because of homosexual status, but because of homosexual acts," Young said.

Selland, a supply officer, told his skipper aboard the attack submarine Hammerhead that he was gay. He said he hoped to get his commanding officer's help in stopping harassment by other sailors who suspected his homosexuality.