· 5/20/1980
BenShalom v. Secretary of Army
Citations
- 489 F. Supp. 964
- 1980 U.S. Dist. LEXIS 11387
- 22 Fair Empl. Prac. Cas. (BNA) 1396
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Army violated the First Amendment by discharging soldier solely because she stated she was a homosexual when there was no evidence of homosexual conduct
- “Strong policies compel the courts to give the military ‘the widest possible latitude’ in the administration of personnel matters.”
- regulation requiring discharge based on homosexual “tendencies, desire, or interest, but . . . without overt homosexual acts” held unconstitutional as violative of First and Ninth Amendment rights and right to privacy
- regulation authorizing discharge if reservist “evidences homosexual tendencies, desire or interest ...” held reviewable
- discharge fo r hom osexuality violated rights o f association and personal privacy
Source: CourtListener parenthetical corpus (CC0).
Judges: Terence T. Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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