UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-2982

RICHARD DIRK SELLAND, LTJG,

Plaintiff - Appellant,

versus

WILLIAM J. PERRY, The Honorable Secretary of Defense; JOHN H. DALTON, Secretary of the Navy,

Defendants - Appellees.

FAMILY RESEARCH COUNCIL,

Amicus Curiae.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Joseph H. Young, Senior District Judge. (CA-95-1145-Y)

Submitted: October 18, 1996 Decided: November 7, 1996

Before HALL and LUTTIG, Circuit Judges, and BULLOCK, Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by unpublished per curiam opinion.

Antonia B. Ianniello, Benjamin Reid Barnett, STEPTOE & JOHNSON, Washington, D.C., for Appellant. Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, Anthony J. Steinmeyer, Lowell V. Sturgill, Jr., Appellate Staff, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Lcdr. Edward S. White, Office of the Judge Advocate General, DEPARTMENT OF THE NAVY, Washington, D.C., for Appellees. Melissa Wells-Petry, FAMILY RESEARCH COUNCIL, Washington, D.C., for Amicus Curiae.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Lieutenant Richard Dirk Selland appeals an order of the district court upholding his involuntary discharge from the United

States Navy on account of his acknowledged homosexuality. He

argues that the statute1 and policy2 under which he was discharged

are unconstitutional. We have recently held that they are not.

Thomasson v. Perry,

(4th Cir.) (en banc), cert. denied,

(U.S. Oct. 21, 1996). The judgment of the

district court is therefore affirmed. We dispense with oral argument because the dispositive issue has recently been decided

authoritatively. 3

1 Section 571 of the National Defense Authorization Act for Fiscal Year 1994, codified at

. 2 Department of Defense Directive 1332.20 (March 4, 1994). 3 The temporary injunction issued by the district court, which prohibited Selland's discharge pending appeal, is dissolved forthwith. 2 AFFIRMED

3