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Thomasson v. Perry

80 F.3d 915 (1996)

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Thomasson v. Perry

United States Court of Appeals for the Fifth Circuit
80 F.3d 915 (1996)

  • Written by Galina Abdel Aziz , JD

Facts

Paul G. Thomasson (plaintiff) was a lieutenant in the United States Navy, where he had a very successful ten-year career. In March 1994, Thomasson wrote a letter to his admirals in which he stated that he was gay. The previous year, Congress had passed the Don’t Ask, Don’t Tell Act (DADTA), which prohibited homosexuality in the military in § 654(b). The Navy initiated separation proceedings against Thomasson. The Board of Inquiry found that his letter gave rise to the presumption that he had a propensity or intent to engage in homosexual acts that warranted separation and recommended Thomasson be honorably discharged. The Board of Review unanimously upheld the finding, and the Chief of Navy Personnel signed the discharge orders. Thomasson sued the Navy, alleging that the DADTA violated equal protection under the Fifth Amendment and suppressed speech on the basis of content and viewpoint. Thomasson argued that the Department of Defense (DoD) did not bar homosexuals from continued service but that the DADTA distinguished between declared and undeclared homosexuals. The court preliminarily enjoined Thomasson’s discharge but ultimately granted the Navy’s motion for summary judgment. The court of appeals voted to hear the case en banc.

Rule of Law

Issue

Holding and Reasoning (Wilkinson, C.J.)

Dissent (Hall, J.)

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