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Circuits split over military's 'don't ask, don't tell' policy.

Publication: Trial
Publication Date: 01-AUG-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The First Circuit recently threw out a constitutional challenge to the military's "don't ask, don't tell" policy, which allows gays and lesbians to serve in the military as long as they keep their sexual orientation concealed. The decision created a schism in the circuits, following close on the heels of a Ninth Circuit ruling that reinstated a similar challenge.

The First Circuit case was brought by 12 former members of the military who had been discharged under the "don't ask, don't tell" policy. The plaintiffs claimed the policy violated their constitutional right to due process, equal...

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