Opinion

Sergeant Perry Watkins v. United States Army

  • 875 F.2d 699
  • 50 Empl. Prac. Dec. (CCH) 38,967
  • 49 Fair Empl. Prac. Cas. (BNA) 1763
  • 1989 U.S. App. LEXIS 6049
  • 1989 WL 43261
Court
Court of Appeals for the Ninth Circuit
Filed
May 3, 1989
Status
Published
Author
Canby
On the bench
Goodwin, Schroeder, Pregerson, Alarcon, Nelson, Canby, Norris, Beezer, Hall, O'Scannlain, Trott
Cited by
232 cases

holding that equitable estoppel could be invoked against the government where the Army affirmatively misrepresented to defendant over a 14-year period that he was qualified for reenlistment despite an ongoing policy that homosexuality constituted a nonwaivable disqualification for reenlistment

How later courts described this case

  • holding that equitable estoppel could be invoked against the government where the Army affirmatively misrepresented to defendant over a 14-year period that he was qualified for reenlistment despite an ongoing policy that homosexuality constituted a nonwaivable disqualification for reenlistment
  • holding that the Army was estopped from denying a soldier’s pending reenlistment and issuing a discharge based on homosexuality, because the Army knew of soldier’s past admissions from official records and nevertheless enlisted him
  • finding that the prong of suspectness inquiry is satisfied when the identifying trait is “so central to a person’s identity that it would be abhorrent for government to penalize a person for refusing to change [it]”
  • stating that "any attempt to criminalize the status of an individual's sexual orientation would present grave constitutional problems"

Written by the judges who cited it.

The opinion

CANBY, Circuit Judge,

concurring:

I concur wholeheartedly in Judge Preger-son's majority opinion. My concurrence indicates no retreat, however, from my conviction that the Army’s discrimination against Watkins because of his homosexual orientation denies him equal protection of the laws. I joined Judge Norris’ eloquent opinion so holding in Watkins II, and I agree with everything Judge Norris says today on the equal protection point. Because we are en banc, and the constitutional issue is a recurring one, I think I may appropriately reach it even though equitable estoppel may dispose of the case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.