The 11-judge panel will now decide whether Judge Reinhardt was correct.

"Reagan and Bush really changed the philosophy of the courts, and not for the better," Judge Reinhardt said.

But it also lies, Judge Reinhardt added in an interview, with Jews who did not complain when the tradition was broken and who have remained silent since.

The slave labor law, by contrast, Judge Reinhardt wrote, "seeks to redress wrongs committed in the course of World War II."

A third opinion by Judge Reinhardt was affirmed.

The opinion of the court, announced Sept. 30, was by Judge Reinhardt.

"We may not - we must not - allow public sentiment or outcry to guide our decisions," Judge Reinhardt wrote.

"Speech in any language is still speech, and the decision to speak in another language is a decision involving speech alone," Judge Reinhardt said.

"Homosexuals are defined by their conduct - or, at the least, by their desire to engage in certain conduct," Judge Reinhardt said.

While strongly criticizing the Supreme Court's ruling in that case, Judge Reinhardt said the ninth circuit had no choice but to abide by it as precedent.