Cammermeyer

Cammermeyer v. Perry

Good Law
97 F.3d 1235·1996 WL 566877
United States Court of Appeals for the Ninth CircuitOctober 7, 1996Nos. 94-35600, 94-35674California2,206 words

Opinion

Lead Opinion

Kozinski, J.

I

Colonel Margarethe Cammermeyer is a highly decorated nurse who has served in the Army, Army Reserve and National Guard. She has received numerous awards and distinctions, including the Bronze Star for distinguished service in Vietnam, and has held the position of Chief Nurse at a number of military hospitals. While seeking admission to the Army War College, Cammermeyer was interviewed by the Defense Investigative Service in order to obtain a Top Secret security clearance. During the interview, she was asked about her sexual orientation. In a statement signed during the interview, she wrote, “I am a Lesbian. Lesbianism is an orientation I have, emotional in nature, towards women. It does not imply sexual activity.” SER Tab 3, Ex. G.

At the time these statements were made, Cammermeyer was serving as member of the Washington State National Guard. The Guard permitted Cammermeyer to retain her position, stating that it would not pursue her discharge unless forced to do so by the Department of the Army. Six months later, the United States Army initiated proceedings to withdraw Cammermeyer’s federal recognition and thereby render her ineligible for military service. While these…

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