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UK: Lesbian and Gay soldiers lose appeal

01 November 1995

The four soldiers who were dismissed from the British armed forces because of their sexuality have failed to persuade the court of appeal to overturn the decision of the court that found against them. They had attempted to challenge the ban on homosexuality which marks out the British Armed forces from elsewhere in the EU on the grounds that is was irrational and contravened the European Convention on Human Rights. In their judgement the appeal court re-emphasised the point made originally by the Queens Bench that the ban was becoming unsustainable. Sir Thomas Bingham, the senior judge presiding over the appeal, noted that "very few Nato countries barred homosexuals from their armed forces", and furthermore that Australia, Canada and New Zealand had all lifted their ban on lesbians and gay men serving in the last couple of years. However he argued that because the ban had been widely supported in the past it could not be deemed irrational. The four are planning to continue their case appealing all the way to the European courts if necessary. Guardian, 7.11.95; Times, 10.10.95 & 10.11.95; Independent 10.11.95; Pink Paper.