Thorne v. United States Department of Defense

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents the question whether the government’s “Don’t Ask, Don’t Teh” statutory and regulatory plan with respect to military service by homosexuals violates the First Amendment. 1

I

By all accounts, had Lieutenant Thorne not publicly announced that he was a homosexual, he would be an exemplary Naval Officer. In May of 1989, Thorne began his military career by entering Aviation Officer Candidate School. He quickly excelled, receiving Outstanding Achievement Awards for his academic excellence and his physical training. He was first in his class in…