Constitutional Law

Ninth Circuit: Applying Lawrence to "Don't Ask, Don't Tell"

The Workplace Prof Blog has highlights from yesterday’s Ninth Circuit decision holding that the military’s “Don’t Ask, Don’t Tell” policy warrants heightened scrutiny under the due process clause. The court said:

We hold that when the government attempts to intrude upon the personal and private lives of homosexuals, in a manner that implicates the rights identified in Lawrence, the government must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest.

ACS recently co-hosted a symposium on the legacy of Lawrence v. Texas.

Full post as published by ACS Blog on May 22, 2008 (boomark / email).