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UK: "Gays in military" case goes to ECJ

01 March 1997

A case involving a gay serviceman who was fired from the Royal Navy because of his sexuality was referred to the European Court of Justice on 15 March. Campaigners against the ban are hailing the decision as an important breakthrough in their campaign against the current ban on homosexuality in the armed forces, which currently leads to over a hundred people a year being sacked because of their sexuality.

Terry Perkins was thrown out of the navy in 1995 after five years service after an informant tipped off a special investigative unit specially set up to investigate serving personnel's sexuality. He had previously trained with the Marines and had won early promotion. His record was generally regarded as being exemplary. Mr Perkins welcomed the decision, describing it as "brilliant". He added: "I have a lot of friends in the military who don't have a problem with it(homosexuality) at all".

This ruling, which states that the armed forces may be covered by an EU Equal Treatment directive, now means that the Ministry of Defence are fighting on two fronts in Europe, following the referral of an earlier case involving four ex-service personnel which has already been referred to the European Court of Human Rights (see Statewatch, vol 5 no 6).

The ban is now threatening to become an election issue, with the Conservatives committed to maintain the ban, whilst both the Labour Party and the Liberal Democrats have promised to repeal it. It also appears that elements within the MoD are again attempting to loosen current practise in an attempt to forestall any ruling against the ban from Europe. Britain is currently the only country within the EU that maintains a ban on homosexuality within its armed forces.

Independent 15.3.97