Able v. United State

44 F.3d 128 (2nd Cir. 1995)

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Nature of the Case

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Facts

Ps are six gay or lesbian members of the armed forces. Ps filed suit challenging the constitutionality of 10 U.S.C. 654(b)(2). P contends that this law violates Equal Protection. After the suit was filed, the DOD initiated an investigation of plaintiff, Petty Officer Heigl, based on his statement that he was a homosexual which was submitted to the district court in connection with this lawsuit. The district court issued an order on April 4, 1994 enjoining Ds from investigating or discharging or taking other adverse or punitive actions against Ps based on their self-identification as gay or lesbian in connection with these legal proceedings. D moves for an order vacating, altering, or amending the preliminary injunction and the district court denied that request. D then informed Ps that they intended to initiate discharge proceedings against two of them. Ps sought a second injunction and got that one. D appealed.