Andrew Holmes v. California National Guard
, 124 F.3d 1126 (1998) was a federal court case heard by the Ninth Circuit Court of Appeals
, that discussed the "don't ask, don't tell
" policy toward gay and lesbian members of the California National Guard
of the United States
The court supported the "don't ask, don't tell
" policy, stating that a member of the National Guard
could not be discharged for saying publicly that he or she is homosexual or bisexual, but could be excluded from any position requiring federal recognition.
First lieutenant Andrew Holmes, a California National Guardsman, claimed he was pressured by his superiors to issue a statement affirming his heterosexuality
. Instead, he presented a memo to his commanding officer stating that as "a matter of conscience, honesty and pride, I am compelled to inform you that I am gay." The U.S. Army National Guard
(USANG) responded to Holmes' memo by declaring that due to his homosexuality, he would be discharged from the California Army National Guard and the Army National Guard of the United States.
Holmes sued the Guard in a federal court and won, but an appeal in the Ninth U.S. Circuit Court of Appeals
ordered Holmes to continue in a position in the state National Guard that does not require federal recognition and is not subject to being called into federal service.
Don't Ask, Don't Tell Policy
"Don't Ask, Don't Tell" (DADT) is a popular name for federal law (), enacted by the......