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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.