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UK: Gay Soldiers Lose Case

01 May 1995

The case brought by four lesbian and gay ex-servicemen and women in an attempt to overturn the ban on homosexuals serving in the British armed forces was rejected by the High Court on 8 June. Their argument was however strengthened by comments made by one of the judges, who said that "the tide of history" was moving in their favour. The case was brought by the four following their dismissal solely on the grounds of their homosexuality. All of the four had outstanding service records, a point raised in their favour by the judges. However the court decided that their jurisdiction over MoD policy was secondary and the case was a matter primarily for parliament and the government. Britain stands almost alone in its outright ban on lesbians and gays serving in the military . Most European armies have had homosexuals in their ranks for a number of years, Australia and Canada have recently changed their position and the US has adopted the now notorious "don't ask, don't tell" policy. This allows lesbians and gay men to serve in the military as long as nobody finds out about their sexuality. The ex-servicemen and women now intend to appeal to the House of Lords and the lobbying group "Stonewall" who are helping the four have declared their intention to appeal to the European Court of Justice if necessary. This could take up to seven years (see "Review" below).