Dennis R. Beller v. J. William Middendorf
United States Court of Appeals for the Ninth Circuit
632 F.2d 788 (1980)
- Written by Mike Begovic, JD
Facts
Three members of the United States Navy, Mary Saal, James Miller, and Dennis Beller (collectively, the officers) (plaintiffs), were honorably discharged after admitting to engaging in homosexual acts, conduct which was prohibited by the Navy. Each case proceeded before a discharge board and was reviewed by the secretary of the Navy, J. William Middendorf (defendant). Under the Navy’s regulations, the secretary was to discharge a person found by a discharge board to have engaged in homosexual acts. The regulations awarded the secretary discretion to retain a person in rare instances. Each of the officers filed a suit, alleging constitutional violations. In Saal’s case, a district court granted preliminary injunctive relief staying the discharge, and then granted partial summary judgment for her, holding that her application for reenlistment in the Navy must be evaluated without consideration of the Navy’s regulations for homosexual conduct. In each of the cases of Miller and Beller, a district court entered judgment in favor of the Navy. The cases were consolidated for review.
Rule of Law
Issue
Holding and Reasoning (Kennedy, J.)
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