Newspapers / Lambda (Carolina Gay and … / Feb. 1, 1993, edition 1 / Page 5
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STATE & NATIONAL NEWS February 1993 • The Lambda • 5 Sergeant tests limits at Camp Lejeune Justin Elzie says ‘no more compromises’ munity to fight it.” Elzie does not support pro posals for separate housing or non-combat roles for lesbian and gay soldiers. Subservient status for openly gay troops would only foster the present hostile environment and keep many lesbians and gays from coming out, he said. Elzie said his commanding officer told him that there would probably be no disci plinary action in response to the interview with ABC. How ever, he made it clear that he did not want any more unfa vorable press coverage, Elzie said. “He insinuated that if I kept my mouth shut, that would be the best way to go,” Elzie said.But Elzie did not keep his mouth shut. Since the interview with ABC, Elzie has ’ on MTV and in news- leaders. He thought it was time papers around the country, for another push in the right including a front-page story by Doug Ferguson J ACKSONVILLE— Camp Lejeune Marine Sergeant Justin Elzie didn’t blink as he faced the bright lights and cameras of ABCs “World News Tonight” Jan. 29. After all, he is a Ma rine. And as he told the nation that there were already gays in the Marines and that he was one of them, Elzie did not even break a sweat. He was concerned that President Bill Clinton was giving up too much, that too many compro mises were being made to ac commodate the biases of military and Congressional “My commanding officer can’t even look me in the eye.” Elzie gijQ appeared direction. He decided it was time to come out. “There shouldn’t be any more compromises,” Elzie said in a Feb. 10 interview with the Lambda. “If (the ban) is only in The News and Observer. Elzie thinks it is that additional press coverage that has now prompted the military to take action against him. With the present compro- partially lifted, there won’t be mise, military leaders can place any will left in the gay com- soldiers in inactive reserves without pay if they are gay. Although Elzie had offered to leave under a voluntary cut back program (before he came out) that would have bought out his contract, now that he’s being pressured to leave with out pay for the remaining time he was scheduled to serve, he is fighting to stay. “They’re really screwingup,” Elzie said. “If they had wanted me out, they should have just given me the VSI (Voluntary Separation Incentive). But I’m kind of glad they didn’t .Now, I can stay in and be a thorn in their side and make a bigger difference. I’m going to fight to stay in the Marine Corps.” Elzie said that an involun tary discharge would have to be approved by the Secretary of the Navy and the Attorney General and that he does not believe the Clinton adminis tration would allow it to go through. But, in the mean time, he said military leaders are making it as difficult as pos sible for him to stay in the Marines. They recently denied his request for a 15-day leave. “I think they’re afraid that I’m going to appear on an other news show,” Elzie said. “They seem to forget the fact that I have a phone.” Elzie said he has contacted House Representative Gerry Kathy Staley/Lambda If Sgt. Elzie had his way, these N-ROTC doors would be open to gays and lesbians. Studds (D-Mass) to help him hunts” and investigations con- get the leave. He said he needs ceming soldiers’ sexual orien- it to arrange for legal counsel tation ever took place, to assist in his fight to stay in “I really think they are on the Marines. the defensive right now,” Elzie Elzie added that he has not been treated the same since he went public about being gay. He said “evil looks” and dis comfort have been evident from fellow soldiers. said. “I’ve been completely up front about everything, and they haven’t. My command ing officer can’t even look me in the eye.” Elzie said the next six “It has been interesting to months will be pivotal, not see that people didn’t know only for him, but for the entire how to deal with me after I movement to end the ban on came out,” Elzie said. “I’ve had lesbians and gays in the armed some support offered to me, forces. He said Congressional but that has been the excep- hearings held during this time tion.” might result in unacceptable Military leaders have not changes in Clinton’s plans to been honest in their dealings end the ban and that the les- with the press, Elzie said. He bian and gay community said Camp Lejeune officials should be on guard against were denying that “witch such moves. Federal Court upholds lesbian’s rights D allas — An appel late court in Texas affirmed a ruling by a lower court striking down the Texas “sodomy” law, and barring the City of Dallas and the Dallas Police Department (DPD) from using the law as a basis for rejecting lesbian and gay applicants. The Feb. 10 ruling came in a lawsuit brought by Lambda Legal Defense on behalf of Mica England, a Dallas woman de nied work as a police officer because of the DPD’s declared anti-gay hiring policies. The Texas Court of Appeals upheld the ruling of Judge Larry Fuller of the Travis County District Court, who had declared unconstitutional Section 21.06 of the Texas State Penal Code, which criminalizes certain “homo sexual conduct.” Lambda chal lenged the law under the Texas state constitution, which guar antees the right to privacy and equal protection. The judge’s order thus remains in effect, and means that neither the state nor the city may enforce the “sodomy” law in any way, whether in citizens’ bedrooms or as a pretext for denial of employment. “Dallas’ use of the Texas sodomy statute to justify dis crimination in hiring is a clas sic example of how these highly intrusive and stimatizing laws harm lesbi ans and gay men, even when they themselves are not ar rested or prosecuted for vio lating the law,” said Evan Wolfson, the Lambda staff at torney who, along with Patrick Wiseman and Ed Tuddenham of the Austin firm of Richards, Wiseman & Durst, represents England. “Across the country, state courts are finding that state constitutions protect gay people like Mica England who wish to live their own lives, and serve and participate fully in the communities where they Uve.” In March 1989, a Dallas Police Force recruiter told Mica England that her being a lesbian would not be a bar to employment, and encour aged her to come to Dallas. Based on that assurance, En gland traveled to Dallas from her home town of Tulsa, OK to complete interviews. There, England was subjected to intrusive questioning about her personal life and private sexual activity, and was not permitted to complete the ap plication process because of her statement that she is a lesbian. Police Chief Mack Vines told England that the DPD “don’t hire gays.” Section 21.06, more com monly known as the Texas “sodomy” law, makes it a Class C Misdemeanor for adults to engage in consensual oral or anal intercourse with others of the same gender, even in the privacy of their own homes. Texas is one of 23 states that still criminalizes such private and personal con duct, and one of six that singles out lesbians and gay men. Wolfson noted that since 1990, courts in Michigan and Kentucky, as well as Texas, have struck down their sod omy laws as unconstitutional. — From the Lambda Legal Defense
Lambda (Carolina Gay and Lesbian Association, University of North Carolina at Chapel Hill)
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