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In April 1987 Joseph C. Steffan, one of the ten highest ranking midshipmen in his class at the U.S. Naval Academy, and only six weeks from graduation, was denied his diploma and forced to resign his commission because he answered "Yes, sir" to the question, "I'd like your word, are you a homosexual?" Six years later his cause, and that of other gay men and lesbians seeking to serve their country by enlistment in the military, has become the subject of intense national controversy. This unusual and innovative work, based on the litigation strategy and court papers filed in the case of Joseph C. Steffan v. Richard Cheney, Secretary of Defense, et al., brings the resources of clinical psychiatry, clinical and social psychology, cultural history and political science to bear upon the fundamental questions at issue: How is sexual orientation determined? How and why have socially prejudiced stereotypes about male and female homosexuals developed? Why have gays faced special obstacles in defending themselves against discrimination? How much political power do gays have?


Marc Wolinsky and Kenneth Sherrill argue that gays constitute a politically powerless class that has been unjustly deprived of its constitutional right to equal protection under the law. They have collected here the affidavits filed on behalf of Joseph Steffan in his suit against the United States government, together with the counter-arguments of the Department of Defense and the extraordinary opinion of the U.S. District Court for the District of Columbia. Whatever the outcome of the case, presently on appeal to the United States Court of Appeals for the District of Columbia Circuit, this book will stand as a lasting and indispensable guide to the sources of sexual discrimination.

Table of Contents

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  1. Cover
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  1. Title Page, Copyright Page, Dedication
  2. pp. i-v
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  1. Contents
  2. pp. vii-viii
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  1. Acknowledgements
  2. pp. ix-x
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  1. A Note on Style
  2. p. xi
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  1. Introduction
  2. Marc Wolinsky, Kenneth Sherrill
  3. pp. xiii-xxii
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  1. Brief of Joseph Steffan: Memorandum of Law in Support of Plaintiff’s Cross-motion for Summary Judgment and in Opposition to Defendants’ Motion for Summary Judgment
  2. Wachtell, Lipton, Rosen, Katz
  3. pp. 3-39
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  1. Affidavit I: On the History of Social Attitudes toward Homosexuality from Ancient Greece to the Present
  2. John Boswell
  3. pp. 40-48
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  1. Affidavit II: On the Use of the Term “Homo” as a Derogatory Epithet
  2. John Boswell
  3. pp. 49-55
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  1. Affidavit I: On Homosexual Orientation as an Immutable Characteristic
  2. Richard Green
  3. pp. 56-83
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  1. Affidavit: On Gay People as a Politically Powerless Group
  2. Kenneth Sherrill
  3. pp. 84-120
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  1. Affidavit: On Prejudice toward Gay People and Gays as Security Risks
  2. Gregory Herek
  3. pp. 121-140
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  1. Affidavit: On the Ability of Gay People to Perform Well in the Military
  2. Robert Rankin
  3. pp. 141-145
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  1. Affidavit: On Other Nations’ Policies toward Gays in the Military
  2. Kate Dyer
  3. pp. 146-149
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  1. Reply Memorandum: Reply Memorandum in Support of Plaintiff’s Cross-motion for Summary Judgment
  2. Wachtell, Lipton, Rosen, Katz
  3. pp. 161-170
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  1. Affidavit II: On Recent Developments in the Field of Brain Research
  2. Richard Green
  3. pp. 171-173
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  1. Opinion: United States District Court for the District of Columbia
  2. Judge Oliver Gasch
  3. pp. 174-188
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  1. Table of Cases
  2. p. 189
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  1. Notes
  2. pp. 191-209
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  1. Index
  2. pp. 211-222
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