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Professional Commentary
12 Dec 2013

JURIST Guest Columnist Dean Broyles of the National Center for Law & Policy criticizes a California law regarding bathroom choice in public schools...California's latest foray into radical psycho-social experimentation with children is AB 1266, known as the "bathroom bill." Unless stopped by a popular referendum effort, AB 1266 will go … [read more]


Legal News
31 Oct 2013
by Laura Klein Mullen

[JURIST] Four service women and the Service Women Action Network (SWAN) [advocacy website] filed an amended complaint [text, PDF] on Thursday in their lawsuit against the US Army and the Department of Defense [official websites] in the US District Court for the Northern District of California [official website]. The amended … [read more]


Legal News
8 Sep 2013
by Benjamin Minegar

[JURIST] A judge for the Supreme Court of British Columbia [official website] on Friday declined to dismiss a class action lawsuit filed by disabled members of the Canadian military seeking to invalidate a veteran compensation law that limits payments to disabled veterans. Last year disabled veterans joined together to challenge … [read more]


Legal News
5 Sep 2013
by Lauren Laing

[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Wednesday that it will no longer enforce a federal law that denies same-sex spouses veterans benefits. In a letter [text, PDF], Attorney General Eric Holder [official profile] informed Congress that the DOJ will not enforce the provision of … [read more]


Legal News
30 Aug 2013
by Lauren Laing

[JURIST] A judge for the US District Court for the Central District of California [official website] held [opinion, PDF] Thursday that Title 38's exclusion of same-sex spouses regarding veteran's benefits is unconstitutional. Tracey Cooper-Harris, a 12-year Army veteran, sued the Department of Veterans Affairs (VA) after it denied her fully … [read more]


Legal News
15 Aug 2013
by G. Redd

[JURIST] The US Department of Defense (DOD) [official website] announced Wednesday that it will extend benefits to same-sex couples [press release] in compliance with the June 26 Supreme Court ruling that striking down [JURIST report] the Defense of Marriage Act (DOMA). Likewise, those couples stationed in a jurisdiction that will … [read more]


Features
20 Jul 2013
by Andrew Morgan

The first major legislative push to repeal DADT during the Obama administration was advanced by the US House of Representatives and Senate Armed Services Committee in May 2010. The repeal was included as an amendment to the Military Readiness Enhancement Act of 2009 before the House. The legislation resulted from … [read more]


Features
20 Jul 2013
by Andrew Morgan

Due to the controversial nature of DADT, it was the subject of numerous legal challenges during its lifespan. The US Court of Appeals for the First Circuit has dismissed two lawsuits challenging DADT, one brought by the Servicemembers Legal Defense Network (SLDN) in 2006 and the other filed by 12 … [read more]


Features
20 Jul 2013
by Andrew Morgan

Like Clinton, Barack Obama advocated for an end to DADT during his presidential campaign, calling for the end of the policy in an open letter in 2008. Obama also pledged to end the policy in October 2009 when he spoke before the Human Rights Campaign (HRC) Annual Dinner:We are moving … [read more]


Features
20 Jul 2013
by Andrew Morgan

DADT was a source of deep controversy in the military and social arenas of American politics from its adoption to its repeal. According to its supporters, DADT, codified at 10 USC § 654, was necessary to protect unit cohesion, military readiness, combat effectiveness and recruiting and retention in the armed … [read more]


Features
20 Jul 2013
by Andrew Morgan

"Don't Ask, Don't Tell" (DADT) was the official US military policy towards homosexual service members from December 1993 to September 20, 2011, which mandated that "closeted" homosexual service members were allowed to serve in the military while homosexual or bisexual persons who revealed their sexual orientation were subject to discharge … [read more]


Features
20 Jul 2013
by Andrew Morgan

"Don't Ask, Don't Tell" (DADT) was the official US military policy towards homosexual service members from December 1993 to September 20, 2011, which mandated that "closeted" homosexual service members were allowed to serve in the military while homosexual or bisexual persons who revealed their sexual orientation were subject to discharge … [read more]


Features
19 Jul 2013
by Zachariah Rivenbark

The heated debate over same-sex marriage is one of the most polarizing issues currently facing the American legal community. It is a controversy being played out in every branch of the federal government, from the floor of the US Senate to the Oval Office. It has raised concerns over the … [read more]


Legal News
12 Feb 2013
by Julie Deisher-Edwards

[JURIST] US Defense Secretary Leon Panetta [official profile] on Monday signed a memorandum [text, press release] extending government benefits to same-sex partners of military personnel that were previously available only to spouses. Some of the benefits now extended to same-sex partners include access to commissaries, family counseling, child care, … [read more]


Professional Commentary
30 Jan 2013

JURIST Guest Columnist Joshua Block of the ACLU discusses the importance of the ACLU's recent victory, which will provide full separation pay to certain veterans who were discharged under the "Don't Ask, Don't Tell" policy...The government finally agreed this month to pay full separation pay to gay and lesbian service … [read more]


Legal News
24 Jan 2013
by Jerry Votava

[JURIST] US Secretary of Defense Leon Panetta [official profile; WP backgrounder] on Thursday announced [transcript] plans to permit women in the US military to serve in front-line combat units. This is a significant change to the Department of Defense (DOD) [official website] 1994 direct ground combat definition and assignment rule … [read more]


Legal News
8 Jan 2013
by Julie Deisher-Edwards

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Tuesday announced a settlement [press release] with the federal government to provide full separation payment to service members discharged under the controversial Don't Ask, Don't Tell (DADT) [JURIST backgrounder] policy. The complaint [text, PDF], filed by the ACLU and the … [read more]


Legal News
28 Nov 2012
by Keith Herting

[JURIST] Four female service members filed suit [complaint, PDF] Tuesday against the US Army and the Department of Defense [official websites] to end a policy which bars women from combat units and related posts. The suit, filed in the US District Court for the Northern District of California [official website], … [read more]


Academic Commentary
31 Jul 2012

JURIST Guest Columnist Julie Nice of the University of San Francisco School of Law says that the Supreme Court's minimalist approach in its gay rights pronouncements has led to the current confusion among courts and lawyers alike over the proper level of scrutiny to apply to same-sex marriage issues...The US … [read more]


Legal News
27 May 2012
by Keith Herting

[JURIST] Two female soldiers filed suit [complaint, PDF] Wednesday against the US Army and the Department of Defense [official websites] to end a policy which bars women from combat units and related posts. The women claim the policy has limited the potential of both women's careers and that the ban … [read more]

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