GAYS CHALLENGE "DON'T ASK, DON'T TELL"

The first civilian court challenge to the Defense Department's "don't ask, don't tell" policy began in New York City today with testimony from two experts who said that having gay soldiers in the ranks does not hinder the military. Six active and reserve service personnel have sued the Pentagon, arguing that the year-old policy (which allows gay soldiers to serve as long as they keep their sexual orientation secret) violates their constitutional rights. President Clinton initially sought to completely abolish the previous outright ban on gays in the military, but settled on the current policy in a compromise with Congress. TIME defense correspondent Mark Thompson says gay activists are turning to the courts because "don't ask, don't tell" gives conservative lawmakers effective control over further reform. "A lot of gay people feel it was a deal with the devil," says Thompson. "This case is the lighting of a long fuse, but whether it sputters or goes all the way to the TNT at the Supreme Court is up in the air."