Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

‘Don’t Ask, Don’t Tell’|Survives In 1st Circuit

BOSTON (CN) - The military's "Don't Ask, Don't Tell" policy survived a challenge in the 1st Circuit from 12 people who were discharged for revealing their homosexuality.

The plaintiffs claimed the policy deprived them of due process and equal protection. But Judge Howard ruled that the court must defer to Congress' authority to make rules to govern the military.

Howard found that the policy does not violate the plaintiffs' First Amendment rights because it focuses on conduct, not words. Therefore, a soldier's words can be used to identify him or her as someone who may engage in homosexual conduct.

The policy "is aimed at eliminating certain conduct from occurring in the military environment, not at restricting free speech," Howard ruled.

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...