63 Fair empl.prac.cas. 3, 54 Empl. Prac. Dec. P 40,146 High Tech Gays Timothy Dooling, and All Others Similarly Situated Joel Crawford and Robert Weston v. Defense Industrial Security Clearance Office Director, Defense Industrial Security Clearance Office Defense Investigative Service Director of Defense Investigative Service Secretary of Defense

909 F.2d 375 63 Fair Empl.Prac.Cas. 3 , 54 Empl. Prac. Dec. P 40,146 HIGH TECH GAYS; Timothy Dooling, and all others similarly situated; Joel Crawford; and Robert Weston, Plaintiffs-Appellees, v. DEFENSE INDUSTRIAL SECURITY CLEARANCE OFFICE; Director, Defense Industrial Security Clearance Office; Defense Investigative Service; Director of Defense Investigative Service; Secretary of Defense, Defendants-Appellants. No. 87-2987. United States Court of Appeals, Ninth Circuit. July 23, 1990. Before BRUNETTI and LEAVY, Circuit Judges.ORDER 1 The panel has voted to deny the petition for rehearing and to reject the suggestion for a rehearing en banc. 2 The full court has been advised of the suggestion for en banc rehearing, and a majority of the judges of the court has voted against it. Fed.R.App.P. 35(b). 3 The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected. 4 CANBY, Circuit Judge, joined by Circuit Judge NORRIS, dissenting from denial of rehearing en banc: 5 We have made a grave error in failing to rehear this case en banc. A panel of this court has held that our government may discriminate against homosexuals whenever it is able to put forth a…