... It is, however, not the only instance in which the Ministry of Defence’s ban on homosexuality has been challenged in the courts of the United Kingdom. In R. v Secretary of State for Defence ex parte Perkins Mr Perkins was also discharged from the royal navy because of his sexual orientation; this followed the Armed Forces’ ban on homosexuality, which Mr Perkins challenged. In Smith , the court of appeal rejected an earlier challenge to the ban, and said that in their view:
‘any common sense construction of the Directive. ...
The Smith Case and its Main Facts
In this case, four citizens serving in the armed forces were found to be of homosexual orientation, and were administratively discharged. ... The court dismissed the appellants’ claim for judicial review saying that the Ministry of Defence’s conduct was in accordance with the law and the four appellants appealed to this decision. In this particular circumstance, Jeanette Smith appealed to the decision of the Queen’s Bench Divisonal Court on June 7th 1995. The policy at the time was summarised by Sir Thomas Bingham as:
‘The Ministry of Defence’s policy is that homosexual activity is incompatible with service in the Armed Forces. Service personnel who are known to be homosexual or who engage in homosexual activity are administratively discharged from the Armed Forces ’
The Grounds on which the Ban was Challenged
The main reasons the appellants found reason to challenge the Ministry of Defence’s ban on homosexuality in the armed forces, were that it restricted their fundamental human rights, and discriminated them on the basis of their sexual orientation. ... Despite the human rights of the four appellants being a major issue in this administrative situation, the decision was found to be in accordance with the law as it was supported by both the House of Commons and the House of Lords, and by professional advisers of the Ministry of Defence.
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