Gay Lieutenant Gets Day In Court

A Navy lieutenant who acknowledged his homosexuality will not be discharged on Friday as scheduled but will get his day in court.

U.S. District Judge Thomas Zilly issued an injunction Tuesday blocking the Friday discharge of Lt. Richard Watson, stationed at the Bangor submarine base on Puget Sound.

Zilly said the law requiring Watson to leave the military may well be unconstitutional and issued a preliminary order barring the discharge until the merits of the case can be argued in court - probably within 90 days.

The law, enacted by Congress in 1993, requires members of the military who acknowledge homosexuality to either rebut the presumption that they engage in homosexual behavior or face discharge.

“The classification of homosexual is not based on any rational basis, but rather solely on prejudice,” Zilly said.

Watson has consistently received glowing evaluations characterizing him as “one of the most capable officers in the submarine force.”

In October, he advised his commanding officer: “I have a homosexual orientation. I do not intend to rebut the presumption” that he engages in homosexual acts.