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PRUITT v. WEINBERGER

No. CV 83-2035-WPG.

659 F.Supp. 625 (1987)

Rev. Dusty PRUITT, Captain, U.S.A.R., et al., Plaintiffs, v. Caspar WEINBERGER, Secretary of Defense, et al., Defendants.

United States District Court, C.D. California.

April 17, 1987.

Attorney(s) appearing for the Case

Susan McGreivy, Fred Okrand, William G. Smith, ACLU Foundation of Southern California, Michael Wetherbee, Los Angeles, Cal., for plaintiffs.

Richard K. Willard, Asst. Atty. Gen., Robert C. Bonner, U.S. Atty., Eric A. Nobles, Asst. U.S. Atty., Los Angeles, Cal., Vincent M. Garvey, Stanley E. Alderson, Attys., Dept. of Justice, Civil Div., Washington, D.C., for defendants.

MEMORANDUM OF DECISION

GRAY, District Judge.

The plaintiff was a captain in the United States Army Reserve until she was discharged, on July 19, 1986, on the ground that she was a homosexual. She filed this action seeking declaratory relief adjudging that Army Regulation 135-175 ("AR 135-175"), upon which her discharge was based, is unconstitutional because it violates the First Amendment, both facially and as applied to the plaintiff and to her right to...

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