European Stars and Stripes (Newspaper) - January 09, 1994, Darmstadt, Hesse                                \ Page 6 the stars and stripes . Sunday january 9,1994 judges dump panel s pro Gay ruling by the new York times Washington in what Gay rights advocates considered a setback a Federal appeals court Friday decided to reconsider the constitutionality of barring homosexuals from the military. The Clinton administration had asked the court to consider Only a narrow part of the Case and avoid any review of the constitutionality of the Pentagon s old policy which has since been replaced by new regulations that the government says Are More , conservative judges on the 10 member . Court of appeals for the District of Columbia circuit wiped out a decision that held the old policy to be unconstitutional. That ruling issued by three of their Liberal colleagues in no vember had been hailed As a major Victory for those advocating that homosexual be allowed to serve openly in the military. The full court rarely overturns Deci Sions reached by panels made up of its own members. In doing so Friday i threw out a ruling that had barred the Pentagon from dismissing service Mem ers for simply declaring their Homo sex in the stars and stripes 10 years ago Jan. 9,1984 German Intelli gence source predicted a new wave of violent terrorist attacks on american installations in the Wake of the deployment of new . Cruise and Pershing ii missiles. 20 years ago Jan. 9, 1974 surging food and fuel costs drove wholesale prices sharply upward in december Clos ing 1973 with the worst Overall yearly Rise in a Quarter Century the government said. 30 years ago Jan. 9, 1964 president Lyndon b. Johnson announced a Surprise budget Cut to $97.9 billion below its current level telling Congress he would slash output of weapons Grade uranium by 25 percent a move he challenged the soviets to match. 40 years ago Jan. 9, 1954 the White House claimed that telegrams from the Public responding to president Eisenhower s state of the Union Mes Sage to Congress were overwhelmingly in favor of his  world War ii 50 years ago today Jan. 91.94 4 . Engineers Complete a second Airfield on Bougainville in the Solomon islands boosting the air Campaign against the japanese on new Britain. Marines on new Britain s Cape Gloucester Battle onto parts of the Argiri Ridge. In Burma nationalist chinese troops converge on Laihla a in the Hula Wing Valley British forces capture Maun Daw on the a akan front. Source. 2194 Days of War. W. H. Smith publishers inc. Work almanac Book of world War ii. Bison books corp. 1981 a Quality. The Case involved a midship Man Joseph , who was forced out of . Naval facade my at Annapolis,md., arid not commissioned As an officer because he said he was Gay. In acting on it sown the full court strongly signalled it inclination to up Stefan hold the old military policy. That is important because the Penta gon s new regulations on homosexuals which take effect feb. 5, share Many similarities with the old policy. The three judge panel had said that the equal Protection guarantee of the Constitution did not allow the military to remove a midshipman merely for assert ing under questioning that he was a homosexual. While the judges specifically said the were ruling Only on the old policy their Gay Navy aviator allowed on Active duty. J a. T Washington a the Clin ton administration agreed Friday to return a Gay Navy officer to Active duty while it is in the process of Dis charging him and said some other homosexual service members now on standby Reserve status will be Given the same option. A Federal judge approved an agreement that will allow Navy it . Tracy Thorne to return to Active duty. Thorne an aviator revealed his homosexuality on television in 1992 totes the Pentagon s old ban on Gays in the military. Thorne is fighting his Dis charge. The agreement approved by . District judge Stanley Sporkin allows the Pentagon to discharge Horne under the government s new regulations on Gays in the military. The Pentagon announced details fits new Don t ask Don t Tell Don t pursue policy in december but i does not go into effect until feb. 5. The agreement approved by spor Kin said Thorne will be returned to Active duty within two weeks after he contacts Navy officials. The memo also directs the branches of the military not to bring new Dis charge proceedings under the old pol icy but to wait until feb. 5. Decision cast doubt on the new policy be cause it also permits the military to Dis miss service members who say they Are. Gay rights organizations were stunned at the court s ruling. This is definitely a real blow said William Rubenstein director of the lesbian and Gay rights project of the american civil liberties Union. Woman battling to enter Citadel Mot trying to kill military Colle Spartanburg . A Shan non Faulkner fighting to become the first woman in the Citadel corps of Ca dets says she wants to March behind the White Stone Walls of the military College not tear them Down. I m not trying to kill the Citadel. Just want to Benefit from it she said. The Citadel is not surrendering its 152-year-old All male tradition easily however. It is taking a last ditch Appeal to . Supreme court to keep her from enrolling this week. Most people think i m just an Atten Tion seeker that i want publicity Faulkner said. Ten or 15 years fro now my name will just be a footnote in history. Almost two decades after the nation military colleges admitted women the Citadel and Virginia military Institute have been battling to keep the gender Barrier. Vii the Only other state sup ported All male military College also is fighting a court Challenge. It s a tradition the South has held onto Long enough Faulkner said. With every passing year traditions end. This is1994. R in August . District judge  Houck issued a preliminary in Junction saying Faulkner can take Day classes while her lawsuit challenging the All male policy is pending. So far the school s appeals have failed to overturn that order. I won t believe i m actually in until be registered and am standing in a classroom Faulkner said thursday out Side her Spartanburg apartment. While the court Maneu vers dragged on Faulkner 18, spent the first semester of her freshman year at the University of South Carolina Spartanburg. She is scheduled to Register at the Cita Shannon Faulker. Challenging All male policy Del on wednesday and Start classes thursday. Although her Home and car have been vandalized during the past year she does not believe anyone at the Citadel was connected to that. She expects to be treated Well by cadets. The Citadel s goal is to turn out the finest Southern gentlemen she said. Although they Don t want me thei Ethey will live up to what they have been  even if Faulkner does get inside the Walls she will not live in the Barracks or March with the Gray uniformed cadets on the Oak lined Parade ground. Until Houck rules on her lawsuit he said the Citadel does not have to make her part of the corps. The school has women teachers and Al lows them to take evening and summer classes. But it refuses to allow women Totake Day classes with the cadets because it says that would Compromise its Mission to educate and build leadership in an All male military environment. The Issue is single gender education College president Claudius e. Watts  / ,. Faulkner who Hopes to become a teacher said she respects the school even though it has spent almost $1 million try ing to keep her out. This is something they believe in and they re going to fight it to the end she said. But this is also something i believe in and i will stay with it to the  she said she applied to the Citadel be cause of its academic reputation rigorous system of military training and location in her Home state. She had references to gender removed from her High school records in Ander son county and the Citadel s application did not ask her sex. She was initially accepted but school officials did an about face when they Learned she was woman. A South Carolina legislative stud committee says the state should consider an agreement with Mary Baldwin College in Virginia similar to one Vii proposes with Mary Baldwin to provide a military training program for women. Mary Baldwin will never be As equals Vii or the Citadel Faulkner said. That s How it was with segregation. Sep Arate but equal did not Cut  older americans shun condoms study says Whf a Al Al a Ambrif inc re a tic Korl i7r/jiif in a. _ .-._. Chicago a americans Over age 50 who Are at greater risk of being infected with the aids virus Are Only one sixth As Likely to use condoms during Texas similar people in their 20s, a new study found. Ten times As Many people Over age 50are diagnosed with the disease As Are infants researchers say in the study published Friday in the january Issue of the archives of internal Medicine. About 10 percent of americans overage 50 have one or More traits that elevate their risk of acquiring the human immunodeficiency virus which causes aids researchers said. The traits Are having multiple sex partners having a sexual partner with a known risk for his infection or having had a transfusion be tween 1977 and 1984. In the at risk group 85 percent of those who Are sexually Active never use condoms and less than 7 percent have been tested for his the study found. The test rate is one fifth the rate of at ask people in their 20s, the researchers said