Ken Osborn Legal Records
Michael P. Palmer
ONE National Gay and Lesbian Archives
909 West Adams Boulevard
Los Angeles, California 90007
Phone: (213) 741-0094
Fax: (213) 741-0220
Email: askone@onearchives.org
URL: http://www.onearchives.org
© 2007
ONE National Gay and Lesbian Archives. All rights reserved.
Ken Osborn Legal Records
Collection number: Coll2007-005
ONE National Gay and Lesbian Archives
Los Angeles,
California
- Processed by:
- Michael P. Palmer
- Date Completed:
- March 9, 2007
- Encoded by:
- Michael P. Palmer
© 2007 ONE National Gay and Lesbian Archives. All rights reserved.
Processing this collection has been funded by a generous grant
from the National Historical Publications and Records Commission.
Descriptive Summary
Title: Ken Osborn legal records
Dates: 1992-1998
Collection number: Coll2007-005
Creator:
Osborn, Ken (Kenneth Lee), 1964-
Collection Size: 2 archive boxes.
(1 linear foot).
Repository:
ONE National Gay and Lesbian Archives.
Los Angeles, California 90007
Abstract: Legal records, including briefs, memoranda,
trial transcripts, and judicial orders, of 1st Lt. (later Capt.) Ken Osborn,
USAR, relating to his participation as one of the named plaintiffs in
Able v. United States (1994-1998) and its
predecessor,
Doe v. Aspin (1993), the first
pro-active court challenge to the Clinton Administration's "Don't Ask, Don't
Tell" policy concerning gays in the military.
Languages: Languages represented in the collection:
English
Access
The collection is open to researchers. There are no access
restrictions.
Publication Rights
Researchers wishing to publish materials must obtain permission in
writing from ONE National Gay and Lesbian Archives as the physical owner.
Researchers must also obtain clearance from the holder(s) of any copyrights in
the materials. Note that ONE National Gay and Lesbian Archives can grant
copyright clearance only for those materials for which we hold the copyright.
It is the responsibility of the researcher to obtain copyright clearance for
all other materials directly from the copyright holder(s).
Preferred Citation
Ken osborn legal records, Coll2007-005, ONE National Gay and Lesbian
Archives, Los Angeles, California.
Acquisition Information
Gift of Ken Osborn, January 14, 2004.
Processing Information
Processed by Michael P. Palmer, March 2007.
Processing this collection has been funded
by a generous grant from the National Historical Publications and Records
Commission.
Biography
Kenneth Lee Osborn was born in Santa Monica, California, in 1964. His
family moved to Huntington Beach, in Orange County, in 1966. He graduated from
Fountain Valley High School in 1982, and went on to California State University
Fullerton, where he received a B.A. in Communications in 1986. In February
1983, while still a student, he joined the U.S. Marine Corps Reserve, where he
was trained as a field radio operator and where he remained for two years,
attaining the rank of Corporal. After a short tour with the California National
Guard, Osborn joined the Army ROTC program at California State University
Fullerton, where he held the positions of Junior Cadet Commander, Battalion
Supply Officer, and Senior Class Advisor. He also served concurrently as the
Public Affairs Officer of the 311th Corps Support Command. Upon his graduation
in 1986, Osborn was commissioned a Second Lieutenant in the U.S. Army Reserve
and assigned as a platoon leader to the 361st Supply Company. He served in the
company about three years, ending his tour as its executive officer. He was
then assigned to the staff of the 155th Corps Support Battalion in South El
Monte, and by mid-June 1993 was serving as a 1st Lieutenant in the 304th
Material Management Center in West Los Angeles.
Osborn was called up for active duty during Desert Storm (1990/1991),
and it was while he was stationed at Ft. Lewis that he came to the realization
that he was gay. In 1993, he joined with Lt. Col. Jane Able (a pseudonym),
Petty Officer Robert J. Heigl, 1st Lieutenant Donita Holloway, SGT Steven
Spencer, Lieutenant Richard von Wohld, and Seaman Werner Zehr, in the first
pro-active legal challenge to the Clinton Administration's "Don't Ask, Don't
Tell" policy regarding gays and lesbians in the military. Originally filed n
the 2nd District Court for the District of Columbia (
Roe
v. Aspin
, No. 93-1549) in July 1993, the suit was refiled in the
District Court for the Eastern District of New York (
Able
v. United States
, No. 94-0974) on March 7, 1994. While District Court
Judge Eugene H. Nickerson twice ruled that the "Don't Ask, Don't Tell" policy
was unconstitutional, on both occasions he was overruled by the 2nd Circuit
Court. In December 1998, the Circuit Court denied the plaintiffs' petition for
a rehearing, thus effectively ending their challenge to the "Don't Ask, Don't
Tell" policy. In a twist of irony, while the case was before the courts the
plaintiffs had been protected from discharge from the military by a temporary
restraining order, and during that time Osborn had been promoted to Captain and
had been activated and served a tour in Bosnia.
During the course of his court challenge to "Don't Ask, Don't Tell",
Osborn became involved in the gay veterans movement, serving as Vice President
of Public Affairs of the Gay, Lesbian & Bisexual Veterans of America
(GLBVA) in 1995-1996, as well as President of the organization's Long
Beach/Orange County chapter. In 2004, he served as Public Affairs Office and
Vice President, Region 5, of American Veterans for Equal Rights.
Osborn currently resides in the Atwater Village district of Los Angeles,
where he is a member of the Atwater Village Neighborhood Council.
Chronology of Able v. United States
| 1993, July 27 |
Lt. Col. Jane Doe, Petty Officer John Roe, 1st Lt. Donita
Holloway, Staff Sgt. Harold McCarthy, 1st Lt. Kenneth Osborn, Sgt. Steven
Spencer, & Lt. Richard v. Wohld v. Les Aspin, filed in the District Court
for the District of Columbia (No. 93-1549).
|
| 1994, March 7 |
Lt. Col. Jane Able, Petty Officer Robert J. Heigl, 1st Lt.
Donita Holloway, 1st Lt. Kenneth Osborn, Sgt. Steven Spencer, Lt. Richard von
Wohld and Seaman Werner Zehr v. United States of America and William J. Perry,
Secretary of Defense, filed in the District Court for the Eastern District of
New York (No. 94-0974). Assigned to Judge Eugene H. Nickerson.
|
| 1994, April 4 |
Judge Nickerson grants temporary restraining order to
plaintiffs.
|
| 1994, June 3 |
Judge Nickerson grants second temporary restraining order to
plaintiffs.
|
| 1994, July 8 |
Government appeals temporary restraining orders to the Court of
Appeals for the Second Circuit.
|
| 1995, January 3 |
Circuit Court orders that restraining orders remain in force and
remands case back to District Court for trial on the merits.
|
| 1995, March 30 |
Judge Nickerson rules that 10 USC 654 (the law embodying the
"Don't Ask, Don't Tell" policy) violates the First and Fifth Amendments to the
Constitution.
|
| 1996, July 1 |
Circuit Court vacates Judge Nickerson's ruling and remands case
back to him.
|
| 1997, July 2 |
Judge Nickerson rules that 10 USC 654 (b) violates the equal
protection clause of the Fifth Amendment.
|
| 1998, September 23 |
Circuit Court reverses Judge Nickerson's decision. |
| 1998, December 1 |
Court denies petition for rehearing. |
Scope and Content
The collection consists almost entirely of legal papers filed in the
course of
Able v. United States (1994-1998) and
its predecessor,
Doe v. Aspin (1993), together
with transcripts of a small number of newspaper and magazine articles
concerning the "Don't Ask, Don't Tell" policy, two ACLU press releases
concerning the case, several pamphlets concerning gays in the military, and a
small correspondence file. The legal papers are incomplete, in particular for
the Circuit Court and later District Court proceedings. Among the missing
materials is Judge Eugene H. Nickerson's decision (favorable to the plaintiffs)
in the second of the two District Court trials on the merits of the case,
issued on July 2, 1997; however, the materials in the collection include copies
of all other judicial decisions. The correspondence file contains a copy of
Osborn's letter in June 1993 to Senators Diane Feinstein and Barbara Boxer
announcing his impending court challenge to the "Don't Ask, Don't Tell" policy,
and their responses.
Indexing Terms
The following terms have been used to index the description of this
collection in the library's online public access catalog.
Osborn, Ken (Kenneth Lee),
1964-
Able, Jane
Heigle, Robert J.
Holloway, Donita
Spencer, Stephen
Wohld, Richard von
Zehr, Werner
Gays in the military
Able v. United States
Box: 1 : 1-14
Doe v. Aspin, District Court for the District of Columbia
(93-1549)
1993
Box: 1 : 1
Complaint for declaratory judgment and permanent
injunction
July 27,
1993
Box: 1 : 2
Plaintiffs' first request for production of
documents
July 28,
1993
Box: 1 : 3
Report by Cheri McGilvery to David Braff on Judge Thomas
Penfield Jackson
August 6,
1993
Box: 1 : 4
Statement read to 1st Lt. Osborn by LTC Michael E.
Plotkin
August 14,
1993
Box: 1 : 5-23
Able v. United States, District Court for the Eastern
District of New York (94-0974)
1994
Box: 1 : 5
Draft Complaint for declaratory judgment and injunctive
relief
February 8,
1994
Box: 1 : 6
Complaint for declaratory judgment and injunctive
relief; memorandum of law in support of plaintiffs' motion. Order to show cause
and temporary restraining order
March
7,1994
Box: 1 : 7
Affidavit of David H. Braff
March 7,
1994
Box: 1 : 8
Transcript of proceedings before Judge Eugene H.
Nickerson
March 18, 1994
Box: 1 : 9
Defendants' memorandum of law supporting motion to
dismiss
before April
1, 1994
Box: 1 : 10
Plaintiffs' memorandum in opposition to defendants'
motion to dismiss
April 1,
1994
Box: 1 :
11
Defendants' memorandum replying to opposition to motion
to dismiss
circa April
1, 1994
Box: 1 : 12
Judge Eugene H. Nickerson's memorandum and order
granting a preliminary injunction
April 4,
1994
Box: 1 :
13
Defendants' memorandum of law in support of motion to
vacate preliminary injunction
circa April
18, 1994
Box: 1 : 14
Plaintiff's memorandum in opposition to defendants'
motion to vacate preliminary injunction
April 29,
1994
Box: 1 : 15
Defendants' memorandum of law in reply to opposition to
motion to vacate preliminary injunction
May 3, 1994
Box: 1 : 16
Judge Eugene H. Nickerson's memorandum and order denying
motion to vacate preliminary injunction
May 9, 1994
Box: 1 : 17
Affidavit of David H. Braff concerning defendants'
intention to proceed with separation actions against SGT Steven Spencer and
Seaman Werner Zehr
May 23,
1994
Box: 1 : 18
Plaintiffs' notice of motion for preliminary injunction
and memorandum in support of motion for further injunctive relie
May 31,
1994
Box: 1 : 19
Declaration of Richard G. Lepley concerning separation
proceedings against SGT Stephen Spencer and seaman Werner Zehr; defendants'
memorandum of law in opposition to motion for further injunctive
relief
June 1, 1994
Box: 1 : 20
Notice by defendants of appeal to court of appeals for
the second circuit
July 8,
1994
Box: 1 : 21
Judge Eugene H. Nickerson's memorandum and order denying
defendants' motion to dismiss
September 14, 1994
Box: 1 : 22
Plaintiffs' memorandum in opposition to defendants'
motion to certify interlocutory appea
after September 14,
1994
Box: 1 : 23
Answer of defendants
October 7,
1994
Box: 1 : 24-25 ; 2 : 1-2
Able v. United States, Court of Appeals for the Second
Circuit (94-6181)
1994-1995
Box: 1 : 24
Brief for appellants
September 16,
1994
Box: 1 : 25
Draft of plaintiff's brief in opposition to defendants'
appeal of preliminary injunction
October 9,
1994
Box: 2 : 1
Circuit Court opinion remanding case to district
court
January 3,
1995
Box: 2 : 2
Memorandum to plaintiffs from their lawyers concerning
Circuit Court decision
January 5,
1995
Box: 2 : 3-10
Able v. United States, District Court for the Eastern
District of New York (94-0974)
1995
Box: 2 : 3
Plaintiffs' verified responses and objections to
defendants' first set of interrogatories
February 27, 1995
Box: 2 : 4
Plaintiffs' pre-trial memorandum
March 7,
1995
Box: 2 : 5
Plaintiffs' amended verified responses to defendants'
interrogatories
March 12,
1995
Box: 2 : 6
Transcript of trial
March 13,
1995
Box: 2 : 7
Transcript of trial
March 14,
1995
Box: 2 : 8
Transcript of trial
March 15,
1995
Box: 2 : 9
Transcript of trial
March 16,
1995
Box: 2 : 10
Judge Eugene H. Nickerson's memorandum and order
(finding for plaintiffs)
March 30,
1995
Box: 2 : 11
Able v. United States, Court of Appeals for the Second
Circuit (95-6111 and 95-6141). Circuit Court opinion remanding case to district
court
July 1, 1996
Box: 2 : 12-13
Able v. United States, District Court for the Eastern
District of New York (94-0974)
1996
Box: 2 : 12
Defendants' post-trial brief, September 28, 1996;
Plaintiffs' post- trial memorandum
September 30,
1996
Box: 2 : 13
Plaintiffs' reply to defendants' post-trial
brief
October 23,
1996
Box: 2 : 14-16
Able v. United States, Court of Appeals for the Second
Circuit (97-6205)
1998
Box: 2 : 14
Circuit Court decision reversing district
court
September 23,
1998
Box: 2 : 15
Plaintiffs' petition for rehearing
November 6,
1998
Box: 2 : 16
Circuit Court opinion denying petition for
rehearing
December 7,
1998
Box: 2 : 17
Miscellaneous legal papers
1994-1995
Box: 2 : 18
Newspaper and periodical accounts, press release
1995-1998
Box: 2 : 20
Printed materials
1992-1994
