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By Joseph Steffan, Marc Wolinsky, Richard B. Cheney, United States District Court (DST)

ISBN-10: 0691033072

ISBN-13: 9780691033075

ISBN-10: 1400813891

ISBN-13: 9781400813896

In April 1987 Joseph C. Steffan, one of many ten maximum rating midshipmen in his category on the U.S. Naval Academy, and in basic terms six weeks from commencement, used to be denied his degree and compelled to surrender his fee simply because he spoke back "Yes, sir" to the query, "I'd like your note, are you a homosexual?" Six years later his reason, and that of different homosexual males and lesbians trying to serve their nation by means of enlistment within the army, has turn into the topic of extreme nationwide controversy. This strange and cutting edge paintings, according to the litigation approach and court docket papers filed when it comes to Joseph C. Steffan v. Richard Cheney, Secretary of safety, et al., brings the assets of medical psychiatry, medical and social psychology, cultural heritage and political technological know-how to endure upon the elemental questions at factor: How is sexual orientation made up our minds? How and why have socially prejudiced stereotypes approximately female and male homosexuals constructed? Why have gays confronted certain stumbling blocks in protecting themselves opposed to discrimination? How a lot political energy do gays have? Marc Wolinsky and Kenneth Sherrill argue that gays represent a politically powerless category that has been unjustly disadvantaged of its constitutional correct to equivalent security below the legislations. they've got gathered the following the affidavits filed on behalf of Joseph Steffan in his swimsuit opposed to the us govt, including the counter-arguments of the dept of safeguard and the intense opinion of the U.S. District courtroom for the District of Columbia. regardless of the end result of the case, shortly on attract the USA courtroom of Appeals for the District of Columbia Circuit, this e-book will stand as a long-lasting and crucial consultant to the assets of sexual discrimination.

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Sample text

There is no way to analyze the equal protection issue using the guidelines established by the Supreme Court and reach any conclusion other than that discrimination based on sexual orientation is inherently suspect. Indeed, courts are increasingly recognizing that laws that burden homosexuals as a class should be subjected to some form of heightened scrutiny. See Watkins v. United States Army (Judge Norris’s concurrence); Jantz v. Muci (1991); Seebol v. Farie (1991). ” Jantz. 1. Gays Have SuVered a History of Purposeful Discrimination.

As a threshold matter, the factual premise of defendants’ rationale is in error. An April 1991 poll shows that an 81 percent majority of adult Americans believe that gays should not be discharged from the military solely on the basis of their sexual orientation and that a 65 percent majority favor admitting homosexuals to the armed services. Most significantly in terms of recruitment, younger adults are more likely to support homosexuals in the armed services than older adults; the better educated are also more supportive of homosexuals than those with less than a high school education.

Thus, the Supreme Court has invalidated classifications under the rational basis test only after engaging in careful analysis of the logical relationship between the challenged classification and the asserted governmental objectives. In other words, the Constitution does not permit the judiciary, in the guise of giving deference to military expertise, to abdicate to “judgments” based on no firmer foundation than irrational prejudice. C. The Military’s Discrimination on the Basis of Homosexual Orientation Unlawfully Caters to Private Biases and Irrationally Concludes That Gays Are Security Risks.

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Gays and the Military by Joseph Steffan, Marc Wolinsky, Richard B. Cheney, United States District Court (DST)

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