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: How Appealing

First Circuit panel rejects constitutional challenge to the U.S. military's "Don't Ask, Don't Tell" policy

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First Circuit panel rejects constitutional challenge to the U.S. military's "Don't Ask, Don't Tell" policy: You can access today's ruling at this link. The majority opinion observes, "we are persuaded that Lawrence did indeed recognize a protected liberty interest for adults to engage in private, consensual sexual intimacy and applied a balancing of constitutional interests that defies either the strict scrutiny or rational basis label."

Today's ruling disagrees with a ruling that a three-judge Ninth Circuit panel issued last month. My earlier coverage of that Ninth Circuit ruling appears here and here.

Full post as published by How Appealing on June 09, 2008 (boomark / email).

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