BenShalom v. Marsh

DECISION and ORDER

MYRON L. GORDON, Senior District Judge.

Sergeant Miriam benShalom has filed this action seeking to have declared as unconstitutional the Army Reserve Regulations, AR 140-111, Table 4-2, that bar reenlistment to any serviceperson who declares himself or herself to have a homosexual orientation. Sergeant benShalom is a self-declared lesbian who, on the basis of that declaration, has been denied reenlistment by the Army Reserves. Her current enlistment contract expires on August 11, 1988. In an effort to preserve the status quo pending resolution of her action, Sergeant…