European Stars And Stripes (Newspaper) - February 22, 1988, Darmstadt, Hesse                                Page 10 the stars and stripes columns James j. Kilpatrick court ruled right in army homosexual Case at Tiik age of 13. Perry Welkins acknowledged his homosexuality. Sin years Laier in 1967, he applied far enlistment in he . Army. He con fronted a direct our lion do you have homosexual tendencies he answered  nevertheless he was accepted and Rose through inc ranks 1o be come a staff sergeant. Now the army wants him out. The Walkins Case provides a classic example As old As Antigone and Creon. Of the co Nilica Between the rights or an individual and the Powers of the slate. Last week the 9lh . Circuit court of appeals grappled with inc Issue and came Down 2-1 on the Side of he individual. Watkins must be per melted to n enlist unless the army can show Rea sons for rejecting him that do not involve his sexual Oriental Ion. The sch circuit s decision raises something of a landmark by Extension the ruling could have a significant Impact not Only upon the Ormid serv ices but a so upon Many areas of Public and private life. In effect the court held that being homosexual for constitutional purposes is like being Black. Absent some compelling slate purpose discrimination against homosexuals merely because of their sexual orientation cannot be permitted. In Iii 60-Paee opinion circuit judge William a. Norm Drew what he called a critical distinction Between sexual orientation and sexual conduct. The same kind of distinction is familiar in first Amend ment Law. It is one thins to advocate the overthrow of government it is quite another thing to hurl bomb. In the Case at hand the evidence established  shul walking has been an exemplary Soldier ble scored a perfect 85 on his most acc Chi evaluation an army review Board found no Evi Dence suggesting Thiol his behaviour has had a degrading effect upon unit performance morale or discipline or upon his own Job performance his commanding officer described him As one of our most respected and trusted soldiers nevertheless under a regulation adopted by the army in la 8l. The army ordered Hini discharged not subject to re enlistment. Oiler branches of Floc service have substantially the same regulations. In 1980 the same 9th circuit upheld the Navy s Dis charge of three homosexuals. The unanimous Opin Ion in thai Case was written by judge Antlions Ken Nedy inc same judge Kennedy who now sits on the us. Supreme court the 1980 Case Bellcar is. Middendorf involved different facts and it arose under different constitutional provisions the three plaintiffs in the Helle Case Hail admitted homosexual acts they contended that by summarily discharging them the Navy had deprived them of their constitutional Liberty without due process of Law. By contrast the Wai Kins Case involves Only sexual orientation and wat Carl Rowan Kins contends that he was denied equal Protection of the Law. The government s View is that the Ormid services Are special. The Constitution gives Congress Power to make rules for inc government and regulation of the land and naval  As the supreme court Many times has said that Power is entitled to unusual deference. Two years ago the High court Reite rated that Doerine in a Case involving a jewish Doc Tor in Hie air Force. He asserted a first amendment fight to Wear a Yarmulke on duly. The court rejected his Appeal the military s Power to enforce a uni form dress code superseded Cape. Goldman s right to the free exercise of his religion in the Walkins Case the army defended its regu lation against homosexuals As one of compelling importance. Many straight soldiers despise homosexuals their presence in a Barracks creates or could create tensions that undermine discipline and morale their admitted orientation clearly implies a desire for sexual gratification through Sodo my. The 9th circuit1 brushed these contentions aside. Some of these same argument once were used 0 justify the segregation of Blacki. A vague desire to engage in sodomy is not enough. Ii is Only he criminal act thai could justify dismissal from the armed services. By declaring homosexuals to be a suspect class in terms of constitutional doctrine the 9th circuit opens a wide door. In times past Blacks aliens and religious and ethnic minorities have Heen so classed. Laws relating to hem must pass strict  the effect of tin. Walkins decision if upheld on Appeal could be far reaching. Notice that sgt Watkins did not contend for Tome constitutional right of privacy to engage in sodomy. The supreme court has ruled flatly thai Here is no such right tic contended Only that homosexuals As a class arc subjected to invidious discrimination because of an immutable characteristic like skin color that is irrelevant in constitutional Law. I would have to concur. Baseball bats and bullhorn Are not the answer i Rinc pal Joe Clark the for Mer army Drill instructor who roams the corridors of Earls id High school in Pat Crown. N.j., with a baseball Bat and a bullhorn has become a hero to Mil Lions of american. They say thai Clark has just the right formula for dealing with thugs rapists drug paddlers and others who hang oui in inner City Public schools. A far smaller number of americans Puiul 1 educators View Gark As a Black Plantation Boss whose imperious Urail standing has provoked a Lut of simplistic talk about what is needed in inner City schools. Sonic Eastside Stu dents Call their principal crazy Joe which Clark says flatters him. Serious question it giving each Princi pal a Tuv Rhall Hai and a bullhorn really a inn Iii fur restoring discipline to schools thai would be a Foi Ilish suggestion for the Ilious Temh of Omen principals no to mention the male principal who do not regard Iril in schools As Jungles in which the Guy with inc biggest club wins. Far More sensible arc the ideas of Rich Ard Green inc new Chancellor of new York City s schools. He says that you establish a discipline and you get students to Lake responsibility for seeing that it is supported and implemented. You get parents involved in walking school corridors know ing that parental involvement is critical at every level. If there is a need to Deal with hoodlums dope pushers and the like Lei the police handle it. A sign on Clark s door Suys one Way my Way and he has usurped the Power to throw out of school any students he thinks arc failing no hearings no nothing. He suspended some 300 students in one decree. His tenure has become z matter of National juror because the Paterson school Board recently voted 7 to 1 to charge him with improper conduct in the expulsion of 60 failing students without hearings. The simplistic reaction is to say. Yeah throw the bums out that May ease Clark s problems and improve the Environ ment at Eastside. But it intensifies the larger problems of Paterson and the nation. It is recognized almost universally that the High percentage of High school dropouts ii a Burden on America setting Loose millions of youngsters who not Only Art unable to compete with the children of Japan West Germany and Korea but also cannot Cope in this society. They become lifelong Bur Dens on inc welfare and criminal Justice systems. What is no so Well known is the prob Lem of pus hours the youngsters driven Oul of school because they arc Loo much  Clark has been adding to the ranks of the push outs and in he process has simply shifted his troubles to other areas of society. 1 like Clark s assertion that we must have greater expectations for Black and hispanic  i agree with him thai a High school diploma ought not be Given to youngsters who have Noi Learned to read Ald write. 1 am not As eager As Clark however to push underachieve out of the school door and say Don l come  Ball and expulsions do not reach the fundamentals problem of inner City schools Loo Many youngsters Corning from shamefully deprived Home environments Loo Many children with parents who Are unable to give proper motivation love educational attention too Little Money spent on Public Educa Tion and too few skilled americans will ing to serve at underpaid teachers in inner City schools. If we follow the baseball bal for Mula we arc going to strike out. M Nortin i hit opinions top Rord in the Chi Lunus and cartoons on this pm by narc Hal thaw of the authors and ire in no Way to tit considered u representing inc of the sinn ind so Ripe or the United Stales government