Lesbian and gay rights litigation before a hostile federal judiciary: extracting benefit from peril
Article Abstract:
The case of Steffan v Cheney provides an example of how test-case litigation can bring about changes in policy or attitudes, even if the case is not won in court. Joseph Steffan, after being forced to resign from the US Naval Academy, challenged the government's policy of excluding homosexuals from the military. Through extensive discovery in the courtroom and managed media coverage outside, Steffan was able to gain public and legislative support for his case. Steffan has not won his case for reinstatement, but as of 1992, Congress and the Department of Defense are moving to abolish the anti-homosexual policy.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
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Same-sex intimate and expressive association: the Pickering balancing test or strict scrutiny?
Article Abstract:
The gay rights victory in the 11th Circuit's 1995 Shahar case, based on strict scrutiny of freedom of association claims, does not necessarily mean a First Amendment-based anti-discrimination strategy is the best approach for future litigation. This type of strategy has had only limited success in the past. The Pickering balancing test traditionally used in conjunction with government employees' free speech claims should have been considered applicable to Shahar as well. The 11th Circuit should have taken a more vigorous stance to ensure stronger protections for gay relationships.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1996
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A judicial blow to the military's anti-gay policies
Article Abstract:
The Ninth Circuit in Pruitt v Cheney remanded for further hearing the equal protection claim of a lesbian discharged from the Army Reserve. This represents a significant departure from traditional judicial deference to military judgment. The decision forces the military to demonstrate the rational basis for its discrimination against homosexuals. The Ninth Circuit has taken a position of 'progressive disentrenchment' toward the military's self-perpetuating policy of discrimination.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
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