European Stars and Stripes (Newspaper) - February 27, 1990, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday. February 27, 1990 justices reject appeals to end ban on homosexuals in army Navy Washington a the supreme court Mon Day left intact the general ban on homosexuals in the army and Navy. The court without comment rejected appeals by woman denied re enlistment in the army Reserve in wis Consin because she is a lesbian and a California Man released from Navy Active duty because he is homosexual. The action monday was not a ruling on the legality of the military ban but simply a summary rejection of the appeals. The justices did not preclude the possibility that in some future Case they will agree to review the policy toward homosexuals. In other actions the supreme court said it will decide whether a Federal Law that re quires some losers of lawsuits to pay the winners Law yer fees also covers fees for expert witnesses. Refused to Force the Cia to release its documents on the 1985 sinking of the Greenpeace ship Rainbow Warrior by French government agents. The justices let stand rulings that the spy Agency May withhold the documents from a Houston lawyer who is seeking them under the Freedom of information act. Let stand the 15-year prison sentence and $6.6 million Fine of a California businessman convicted of conspiracy and violating . Export restrictions by Selling two air planes to Libya. On the homosexuality Issue army Reserve sgt. Miriam Ben shalom 41, is stationed in Milwaukee and has been allowed to remain in the military pending the outcome of her Appeal. Ben shalom who joined the army Reserve in 1974,was discharged in 1976 because she is an acknowledged lesbian. The army policy at the time barred anyone who evidenced homosexual tendencies desire or interest even though never having engaged in any overt homosexual  a Federal judge ordered her reinstated and she served out an enlistment that ended in August 1988. She then was prohibited from re enlisting under an amended army regulation. The new policy says homosexuality is incompatible with military service and it bars persons who engage in homosexual conduct or who by their statements demonstrate a propensity to engage in homosexual  the 7th . Circuit court of appeals last August upheld the revised policy. The appeals court although acknowledging that supreme court Roundup there never has been any complaint about Ben Sha Lom s performance of her military duties said the army has acted to protect morale discipline and the effectiveness of our fighting  judges should not put the army s interests at risk by imposing change with possible consequences we can not safely evaluate the appeals court said. James m. Woodward of Spring Valley. Calif challenged the Navy s general ban on homosexuals. He enlisted in 1972 for a six year hitch in the naval flight officer candidate program. He was allowed to enter the naval Reserve program even though he had answered yes to a questionnaire that asked whether he was sexually attracted to men or desired sex with men. Woodward answered no to a question whether he had Ever engaged in homosexual conduct he completed flight school training and was commissioned As an Ensign in the naval Reserve. Woodward was serving in an air Squadron stationed in the Philippines when in 1974 he was seen in the Subic Bay officers club sitting with a Sailor who was to be Dis charged for homosexual  Navy generally bars homosexuals but has retained  questioned by his commanding officer. Woodward acknowledged his homosexual tendencies. After Woodward refused to resign the commanding officer recommended to the chief of naval personnel that Woodward be discharged. In a letter to that official Woodward said for the Good of both the Navy and myself i respectfully re quest the Chance to contribute to the defense of the United states As an honest open Gay  the Navy did not discharge Woodward but released him from Active duty and assigned him to the naval air Reserve staff in san Diego. He served there until1978, when he was discharged after completing his six year military obligation. Woodward sued in 1976, alleging that he had been unlawfully separated from Active duty. The suit sought Back pay and  . Claims court dismissed Woodward s suit and the . Court of appeals for the Federal circuit upheld the dismissal last March 29."Woodward was not discharged for homosexuality rather he was considered for reassignment but because of his mediocre record As an officer and his homosexuality he was ultimately released from Active duty the appeals court said. A shortcut across the ice on cot s Pond in Worcester mass., turned into a Nightmare fur Donna Williams. No Holiday on ice but help came in Lime. The 2.vj ear old who became endangered by thin ice monday is reaching for a surfboard brought by firefighter Michael o Connor wearing a Rescue suit. Williams was unharmed. Jackson decides against running for . Mayor Washington a Jesse Jack son monday said he will not run for mayor of the nation s capital in this fall s election. I want to continue to serve but not As mayor the civil rights Leader and two time democratic presidential candidate said in a statement prepared for a news conference. Jackson s political plans have been the subject of conjecture since he moved to Washington in april 1989. The speculation intensified with mayor Marion Barry s arrest last month on a cocaine Possession charge. In his statement Jackson did not address whether he would again seek the White House in 1992. He said he plans to continue work ing to end the City s drug and crime crisis and to push for statehood for the District of Columbia. At present i believe that i May Busl serve by continuing my work on a National level to change the direction of this country. I want to serve but not As mayor Jackson said. Because this is an election year the mayor s Issue has grown with the crisis in the City and the tribulations of the mayor Jackson said in his Sta Mcmeni. In recent weeks Jackson has stressed repeatedly that championing the City s quest to become the nation s 51st state would remain his priority through the election year. Barry is in a South Carolina Hospital for treatment for what an aide has called an alcohol problem. City administrator Carol Thompson is in charge of the City in Barry s absence. Jackson s decision comes amid grow ing signs that voters and politicians Are wary of a Jackson mayoral bid. A Washington Post poll released thursday said Jackson would Trail Barry if both were candidates in the september democratic primary. The poll of 800 registered democrats in the District found Barry was preferred by 25 percent of those surveyed while 19 percent said they would vote for Jack son. Four other possible candidates split 33 percent of those polled while the remaining 9 percent were listed As undecided would t vote or other. If Barry were not in the race Jackson would receive support from 26 percent of those questioned compared with 19 percent for councilman John Ray. The poll had a margin of error of 4 percent age Points. In the past Jackson refused repeatedly to Rule out a run for Barry s Job saying he Only would seek the office if Barry a longtime colleague did not ran for a fourth term. Since his arrest Barry has been silent on his plans for re election. Mayoral aides have said Barry acknowledged privately the weekend after his arrest that he would not run again. The prospects for a Jackson candidacy had encountered other turbulence. Last fall the City Council passed a Bill sponsored by two announced mayoral candidates that limits outside income from Honor aria and speeches for the mayor to $ 10,000 per year. Jackson has said he earns about$200.000 a year mostly from speeches and Honor aria. The mayor s Job pays $89,500 a year. In addition to Ray there Are three announced democratic candidates for mayor and one Republican