Richard F. Richenberg, Jr. v. William J. Perry, Secretary of Defense Sheila Widnall, Secretary of the Air Force

LOKEN, Circuit Judge.

Richard F. Richenberg, Jr., appeals the district court’s1 grant of summary judgment upholding an Air Force decision to honorably discharge him under the military’s “Don’t Ask, Don’t Tell” policy regarding homosexuals. The policy was adopted to implement a 1993 statute, 10 U.S.C. § 654. Richenberg claims that the policy violates his due process and free speech rights and is an unconstitutional Bill of Attainder. He also challenges the Air Force’s decision under the Administrative Procedure Act (“APA”). Like two other circuits that have recently considered similar…