Abstract
The issue of gays in the military came to the forefront of American politics in 1993 after President Clinton announced his intent to fulfill a campaign promise and lift the ban on homosexuals serving in the armed forces. Although the President ultimately compromised, the issue had been joined, and much-needed attention was showered on various cases then pending in the courts. At the same time, Joe Steffan, once an outstanding midshipman at the United States Naval Academy, was in court fighting for his rights after being pressured into resigning from the academy in 1987 for admitting his homosexuality. Part II of this Note briefly explores the history of gays serving in the armed forces and the policies of the United States military toward homosexuals. Part HI summarizes Joe Steffan's case and examines the series of court decisions which resulted in the dismissal of his claim. Part IV provides an analysis of the issue including an examination of an overlooked United States Supreme Court precedent, Robinson v. California, 2 which should be determinative of many cases involving gays in the military. Robinson outlined a principle banning punishment based on status, precisely what the court in Joe Steffan's case authorized the military to do.
Recommended Citation
Coombs, Victoria P.
(1995)
"Status Versus Conduct: Constitutional
Jurisprudence Meets Prejudice in
Steffan v. Perry,"
Utah Law Review: Vol. 1995:
No.
2, Article 13.
Available at:
https://dc.law.utah.edu/ulr/vol1995/iss2/13