discuss other aspects of his behavior, including why he had himself tested several times for HIV. Based on that refusal, U.S. District Judge Oliver Gasch dismissed the suit on November 15, 1989. A panel of the United States Court of Appeals for the District of Columbia Circuit reversed Gasch on December 7, 1990. Its decision said: "That [Steffen] seeks reinstatement as relief for an allegedly invalid separation does not put into issue the question whether he engaged in potentially disqualifying conduct unless such conduct was a basis for his separation." During a hearing on March 5, 1991, Gasch used the term "homo" several times to refer to Steffan or to homosexuals generally. On March 11, 1991, Steffan's attorneys asked Gasch to disqualify himself based on the prejudice evidenced by his language. In April, Gasch refused to disqualify himself. On December 9, 1991, Gasch ruled in favor of the Department of Defense in the case of Steffan v. Cheney. His decision held that the government's exclusion of homosexuals from the Armed Forces "is rational in that it is directed, in part, at preventing those who are at the greatest risk of dying of AIDS from serving. This is understandable in light of the overall mission of defending the nation. The interest we as a Nation have in a healthy military cannot be underestimated." Neither party to the case had mentioned AIDS in its briefs. At the time, the U.S. military denied enlistment to applicants who tested positive for HIV and gave medical discharges to servicemembers who became infected with HIV only when they could no longer perform their assigned duties. According to the New York Times, "As of September, 1,888 members of the military who had tested positive for the virus were still on duty." Gasch also found the policy reflected "The quite rational assumption in the Navy ... that with no one present who has a homosexual orientation, men and women alike can undress, sleep, bathe and use the bathroom without fear or embarrassment that they are being viewed as sexual objects." Court of Appeals On Inauguration Day, January 20, 1993, Steffan sang the national anthem at the Triangle Ball, a gala for homosexuals celebrating the beginning of Bill Clinton's presidency. While awaiting the resolution of his lawsuit, Steffan finished college at North Dakota State University and entered the University of Connecticut School of Law. On October 6, 1992, while