No: judge people by their abilities

Article Abstract:

Judging the constitutionality of the new 'don't ask, don't tell' policy on military service by gays will confront the courts with constitutional challenges on the equal protection and First Amendment clauses. It is clear that banning speech about homosexual but not heterosexual orientation constitutes viewpoint-based censorship. The government's defense of deference to the military's decisions on personnel management is an insufficient excuse. The government's policy also violates the equal protection clause because it judges individuals by group membership, not abilities.

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Yes: don't second-guess the military

Article Abstract:

The Department of Defense's new 'don't ask, don't tell' policy on military service by gays is constitutional. After all, the military has always been allowed to restrict individual freedoms in the national interest. The 'military necessity doctrine' dictates this branch must be accorded broad deference in the running of its affairs. The judicial branch has no military expertise and is unqualified to rule on military matters. The executive and legislative branches should respect the military view of gay conduct as incompatible with military service.

Social aspects

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