Gay Sailor Dismissed By Navy

The Navy discharged a gay petty officer Wednesday after a federal appeals panel refused to grant a preliminary injunction against such a move.

Machinist’s Mate 2nd Class Mark Philips was notified of his discharge shortly before noon, said Bangor submarine base spokeswoman Patricia Hooks.

She said Philips collected his paperwork and personal belongings and left.

“He doesn’t have a job lined up so I imagine he’ll be pounding the pavement,” Philips’ attorney Jett Whitmer said Wednesday.

A two-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco refused Tuesday to grant an emergency motion by Whitmer asking that Philips be allowed to continue serving pending his appeal.

U.S. District Judge William Dwyer on March 17 reluctantly upheld the Navy’s recommended discharge of Philips under the Clinton administration’s “don’t ask, don’t tell policy” of excluding active homosexuals from the military.

Philips was serving aboard the USS Nimitz when he disclosed his homosexuality shortly after President Clinton was elected in 1992.

Clinton had vowed to end the military ban on homosexuals.

A month later, while responding to questions from his ship’s legal officer, Philips said he had sex with men and would continue to do so.

Last July, a Navy panel recommended Philips be honorably discharged under the new policy, which took effect Feb. 28, 1994.

Philips sued, contending the policy violates his rights to free speech, equal protection and privacy.

A federal judge in New York ruled last week that the “don’t ask, don’t tell” policy is unconstitutional.

That decision continued an order barring the Defense Department from starting discharge proceedings against six plaintiffs.

That ruling doesn’t directly apply to Philips’ case, but Whitmer has said it could be helpful in his appeal.