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1995 Utah L. Rev. 593 (1995)
Status Versus Conduct: Constitutional Jurisprudence Meets Prejudice in Steffan v. Perry

handle is hein.journals/utahlr1995 and id is 603 raw text is: Status Versus Conduct: Constitutional Jurisprudence Meets Prejudice in Steffan v. Perry I. INTRODUCTION The issue of gays in the military came to the forefront of Amer- ican politics in 1993 after President Clinton announced his intent to fulfill a campaign promise and lift the ban on homosexuals serving in the armed forces.' Although the President ultimately compro- mised, the issue had been joined, and much-needed attention was showered on various cases then pending in the courts. At the same time, Joe Steffan, once an outstanding midshipman at the United States Naval Academy, was in court fighting for his rights after being pressured into resigning from the academy in 1987 for admit- ting his homosexuality. Part II of this Note briefly explores the history of gays serving in the armed forces and the policies of the United States military toward homosexuals. Part HI summarizes Joe Steffan's case and examines the series of court decisions which resulted in the dismiss- al of his claim. Part IV provides an analysis of the issue including an examination of an overlooked United States Supreme Court precedent, Robinson v. California,2 which should be determinative of many cases involving gays in the military. Robinson outlined a principle banning punishment based on status, precisely what the court in Joe Steffan's case authorized the military to do. Finally, Part V.B of this Note explores Joe Steffan's personal struggle with his own sexual identity. Joe's story plainly illustrates the falsity of the court's assumption that homosexuality is defined by homosexual conduct. Although Joe Steffan identified himself as a homosexual while at the Naval Academy, his fierce devotion to the Navy and its Honor Code prevented him from engaging in homosex- ual conduct which would have violated military regulations. Joe's story, and many others like his, illustrate the human side of this issue and should help educate the courts and the legal community as to the real costs of defining a class of people by the sexual acts in which courts imagine they engage. 1. See Clinton for the Record, S.F. CHRoN., July 20, 1993, at A6. 2. 370 U.S. 660 (1962).

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