Sergeant Perry Watkins v. United States Army

I

I concur in the judgment requiring the Army to reconsider Sgt. Watkins’ reenlistment application without regard to his homosexuality. I cannot join the majority’s opinion, however, because I agree with the dissent that the judgment cannot rest on the doctrine of equitable estoppel. The Supreme Court has declined to approve the invocation of equitable estoppel against the government even in cases where the facts are no less sympathetic than the facts in Sgt. Watkins’ case. See, e.g., INS v. Miranda, 459 U.S. 14, 17-19, 103 S.Ct. 281, 282-84, 74 L.Ed.2d 12 (1982) (per curiam) (reversing Ninth…