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Military Laws on Exemplary Conduct: What Remains After 'Don't Ask Don't Tell' Rulings
October 18, 2010
JURIST Guest Columnist Kevin Govern of Ave Maria School of Law says that despite the recent District Court decisions enjoining the Department of Defense from enforcing or applying "Don't Ask, Don't Tell," there remains a significant body of law allowing the military to demand what it considers "exemplary conduct" from its members... On October 12, 2010, the United States District Court for the Central District of California ruled that the "Don't Ask, Don't Tell" (DADT) law was unconstitutional in Log Cabin Republicans v. United States of America. Judge Virginia A. Phillips ruled that the 1993 policy "infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment....  [more]

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