Holmes v. California National Guard
Encyclopedia
Andrew Holmes v. California National Guard, 124 F.3d 1126 (9th Cir. 1998) was a federal court case heard by the Ninth Circuit Court of Appeals
, that discussed the "don't ask, don't tell
" policy toward gay and lesbian members of the California National Guard
of the United States
.
The court supported the "don't ask, don't tell
" policy, stating that a member of the National Guard could not be discharged for saying publicly that he or she is homosexual or bisexual, but could be excluded from any position requiring federal recognition.
First lieutenant Andrew Holmes, a California National Guardsman, claimed he was pressured by his superiors to issue a statement affirming his heterosexuality
. Instead, he presented a memo to his commanding officer stating that as "a matter of conscience, honesty and pride, I am compelled to inform you that I am gay." The U.S. Army National Guard
(USANG) responded to Holmes' memo by declaring that due to his homosexuality, he would be discharged from the California Army National Guard and the Army National Guard of the United States.
Holmes sued the Guard in a federal court and won, but an appeal in the Ninth U.S. Circuit Court of Appeals ordered Holmes to continue in a position in the state National Guard that does not require federal recognition and is not subject to being called into federal service.
that simply discharged all homosexuals. It prevented homsexual members of the armed services from dismissal solely on the grounds of their private homosexual orientation. DADT was created as an effort to address the controversy over the varying sexual orientations of men and women serving in the military. Under the new policy, as long as no "homosexual acts" were committed the discharge of a service member due solely to his or her homosexual orientation was prohibited. Any service member who states that he or she is gay or lesbian will be discharged unless that member can prove he or she does not engage, or have any intention to engage, in homosexual acts. Because of this "statement prong," officers were barred from inquiring the sexual orientation of anyone within the military service.
and combat Military Police
platoon leader. He was also awarded the Army Achievement Medal, the Army Reserve Components Achievement Medal and the National Defense Service Ribbon for his exemplary performance during Operation Desert Shield and Operation Desert Storm.
, claiming that the "don't ask, don't tell" policy was unconstitutional on the grounds of equal protection and the First Amendment of the United States Constitution
. The plaintiff
sought damages, as well as injunctive relief and declaratory relief
based on the United States Constitution
and California state law. The U.S. District Court granted summary judgment
to Holmes on his federal equal protection and free speech claims against the CANG and USANG.
. The court found the military had legitimate reason for the exclusion of service members who engaged in homosexual activities because those members posed a threat to the successful maintenance of discipline and combat readiness. In response to the question of whether or not the policy respects free speech, the court ruled the plaintiff's discharge was based not on his statement, but on the "inference of [prohibited] homosexual conduct." Judge Stephen Reinhardt dissented.
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, that discussed the "don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
" policy toward gay and lesbian members of the California National Guard
California National Guard
The California National Guard is the component of the United States National Guard in the U.S. state of California. It comprises both Army and Air National Guard components and is the largest national guard force in the United States with a total authorized strength of 22,900 soldiers and airmen...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
The court supported the "don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
" policy, stating that a member of the National Guard could not be discharged for saying publicly that he or she is homosexual or bisexual, but could be excluded from any position requiring federal recognition.
First lieutenant Andrew Holmes, a California National Guardsman, claimed he was pressured by his superiors to issue a statement affirming his heterosexuality
Heterosexuality
Heterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
. Instead, he presented a memo to his commanding officer stating that as "a matter of conscience, honesty and pride, I am compelled to inform you that I am gay." The U.S. Army National Guard
Army National Guard
Established under Title 10 and Title 32 of the U.S. Code, the Army National Guard is part of the National Guard and is divided up into subordinate units stationed in each of the 50 states, three territories and the District of Columbia operating under their respective governors...
(USANG) responded to Holmes' memo by declaring that due to his homosexuality, he would be discharged from the California Army National Guard and the Army National Guard of the United States.
Holmes sued the Guard in a federal court and won, but an appeal in the Ninth U.S. Circuit Court of Appeals ordered Holmes to continue in a position in the state National Guard that does not require federal recognition and is not subject to being called into federal service.
Don't Ask, Don't Tell Policy
"Don't Ask, Don't Tell" (DADT) is a popular name for federal law , enacted by the Congress of the United States in 1993 as a replacement to the policy held by the Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
that simply discharged all homosexuals. It prevented homsexual members of the armed services from dismissal solely on the grounds of their private homosexual orientation. DADT was created as an effort to address the controversy over the varying sexual orientations of men and women serving in the military. Under the new policy, as long as no "homosexual acts" were committed the discharge of a service member due solely to his or her homosexual orientation was prohibited. Any service member who states that he or she is gay or lesbian will be discharged unless that member can prove he or she does not engage, or have any intention to engage, in homosexual acts. Because of this "statement prong," officers were barred from inquiring the sexual orientation of anyone within the military service.
Andrew Holmes' History in the California National Guard
Andrew Holmes enlisted in the California National Guard in 1986, and was sworn in and commissioned as an officer in May 1988. Over the course of his service he received honors for his work, including a promotion to First LieutenantFirst Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...
and combat Military Police
Military police
Military police are police organisations connected with, or part of, the military of a state. The word can have different meanings in different countries, and may refer to:...
platoon leader. He was also awarded the Army Achievement Medal, the Army Reserve Components Achievement Medal and the National Defense Service Ribbon for his exemplary performance during Operation Desert Shield and Operation Desert Storm.
Lead up to Case
In June 1993, Holmes was notified that his commanding officer had issued a request to remove the First Lieutenant's federal recognition as a consequence of the statement acknowledging his homosexuality. Holmes was unable to convince the federal recognition withdraw board that he had no intention of partaking in homosexual activities, and was consequently discharged from the California Army National Guard (CANG) on May 21, 1994.First Ruling of the District Court
In February 1995, Holmes sued the California and National Army Guards in the United States District Court for the Northern District of CaliforniaUnited States District Court for the Northern District of California
The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...
, claiming that the "don't ask, don't tell" policy was unconstitutional on the grounds of equal protection and the First Amendment of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
sought damages, as well as injunctive relief and declaratory relief
Declaratory relief
Declaratory relief is a judge's determination of the parties' rights under a contract or a statute, often requested in a lawsuit over a contract. In theory, an early resolution of legal rights will resolve some or all of the other issues in the matter....
based on the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and California state law. The U.S. District Court granted summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
to Holmes on his federal equal protection and free speech claims against the CANG and USANG.
Ninth Circuit Decision
On September 5, 1997, on a 2-1 vote, a panel of the Ninth Circuit Court of Appeals reversed the decision and denied Holmes' equal protection claim by stating that homosexuals are not considered a suspect class, therefore the case should be based on a rational basis reviewRational basis review
Rational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
. The court found the military had legitimate reason for the exclusion of service members who engaged in homosexual activities because those members posed a threat to the successful maintenance of discipline and combat readiness. In response to the question of whether or not the policy respects free speech, the court ruled the plaintiff's discharge was based not on his statement, but on the "inference of [prohibited] homosexual conduct." Judge Stephen Reinhardt dissented.
Cert Petition
Holmes filed a petition for a writ of certiorari to the United States Supreme Court. The petition was rejectedSee also
- Sexual orientation and military serviceSexual orientation and military serviceThe military forces of the world have differing approaches to the enlistment of homosexual and bisexual individuals. The armed forces of most developed countries have now removed policies excluding non-heterosexual individuals...
- LGBT rights in the United States
- 1998 in LGBT rights