.Court refuses to hear
appeal of homosexual
ex-CIA employee Doe
The Michigan Daily - Wednesday, October 13, 1993-- 7
'.I
WASHINGTON (AP) - A CIA
employee fired for hiding his homo-
Osexuality from the agency for more
than five years lost an appeal to the
Supreme Court yesterday.
The court refused to hear his job-
bias argument that the CIA improp-
erly views homosexual employees as
a greater security risk than hetero-
sexuals.
A lower court ruling in the case
leaves federal executive agencies free
oto discriminate against gay employ-
ees, the appeal had argued.
The man identified in court papers
as John Doe has been on paid admin-
lstrative leave since 1985, when a
federal judge ruled that his dismissal
bad been improper.
CIA spokesperson David French
said the agency now will consider
seeking reimbursement of Doe's pay
and benefits.
In other action yesterday, the court
Let stand the conviction of New
Hampshire school instructor Pamela
Smart, serving a life prison term for
coaxing her student lover to kill her
husband in 1990.
Agreed to use a Maryland case
to consider giving convicted crimi-
nals an earlier chance to challenge
career-offender sentences based partly
on their prior convictions.
. Agreed to clarify the deadline
for giving people charged with fed-
eral crimes their initial day in court.
The case involves a California man
accused of possessing counterfeit
money.
In the CIA case, Doe joined the
agency as a clerk-typist in 1973 and
was promoted to an undercover posi-
tion in 1980.
He began engaging in homosexual
activity in 1976 and voluntarily told a
CIA official in January 1982 that he
was a homosexual, his appeal said.
Doe was placed on administrative
leave the following month, and was
fired that May. He sued the agency,
saying his firing denied him equal
protection and due process.
Doe said he could not be black-
mailed about his homosexuality be-
cause his family and friends knew he
was gay.
The CIA said it fired Doe be-
cause he intentionally hid his ho-
mosexual activity for more than five
years although he knew it was a
security concern.
His refusal to name his sex part-
ners might make him susceptible to
threats to expose their identities,
the CIA contended. A federal judge
decided that Doe was fired improp-
erly.
The U.S. Court of Appeals for
the District of Columbia Circuit re-
versed, saying there is no evidence
the CIA has a blanket policy against
employing homosexuals.
Doe was fired because of the
security concerns raised by his spe-
cific conduct, the appeals court said.
REBECCA MARQOLISIDBI*
Doctoral candidate in organ music Ray McLellen plays the carillion in the Bell Tower yesterday at noon.
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Read Daily Opinion
e style est autant sous les mots que dans
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