Constitutional law - equal protection - D.C. Circuit upholds military discharge based on a statement of homosexual orientation

Article Abstract:

The D.C. Circuit decision in Steffan v. Perry suggests that the status/conduct distinction used by gay rights advocates should be abandoned. The court used a similar argument to justify inferences about conduct based on homosexual status in upholding a military discharge based on stated homosexual orientation. The status/conduct distinction tends to promote objectification of homosexual identity and unwarranted assumptions about its implications. Gay-rights litigators should consider other strategies based on substantive due process or First Amendment rights.

Military discharge

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Is international law really state law?

Article Abstract:

The hornbook law rule that customary international law should be treated as federal law by US decisionmaking authorities has recently been incorrectly questioned by revisionist scholars who would prefer state law jurisdiction. Revisionist arguments claiming violations of democratic principles and constitutional doctrine do not stand scrutiny. Human rights litigation may be the primary target of these failed arguments. The traditional rule is constitutionally authorized and is proper from a policy perspective.

Analysis, Interpretation and construction, International law, Federal jurisdiction, Customary law, international, states

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International law - human rights - European Court of Human Rights rules that British military's discharge of homosexuals is illegal

Article Abstract:

The author discusses two opinions handed down on Sept. 27, 1999 by the European Court of Human Rights where the court held illegal the United Kingdom's discharge of military personnel on the basis of their homosexuality.

United Kingdom, European Union, Discrimination against gays

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