Julie Dubbs, and All Others Similarly Situated v. Central Intelligence Agency

I

Appellant Julie Dubbs is an openly gay woman who works as a Senior Technical Illustrator for SRI International, a defense contractor. In January 1981, SRI requested that Dubbs be granted security approval for access to classified information, including Sensitive Compartmented Information (SCI). By letter dated March 9, 1981, the Director of Security for the Central Intelligence Agency, William Kopatish, notified Dubbs that the agency would not grant her security approval for SCI access, explaining:

After this general explanation of the CIA’s concern about all persons who engage in homosexual conduct, the letter addressed Dubbs’ case in particular:

Based on the requirements of Director of Central Intelligence Directive (DCID) 1/14 (Nov. 27, 1984) (hereinafter DCID 1/14), which establishes minimum standards governing access to SCI, and which provides that “[a]ny doubt concerning personnel having access to SCI shall be resolved in favor of the national security.” Kopatish determined that granting Dubbs access to SCI would not be “clearly consistent with the interests of national security_” DCID 1/14, ER at 138.

In her complaint, Dubbs alleges injury from the CIA’s action…