Wednesday, May 21st, 2008

9th Cir: Discrimination against Homosexual Employees

In a major opinion issued this morning, the 9th Circuit has held that Lawrence v. Texas, 539 US 558 (2003), requires the court to apply “heightened scrutiny” to governmental attempts to regulate “private consensual homosexual conduct.”  The Court, accordingly, revived a servicemember’s Substantive Due Process challenge to the Don’t Ask, Don’t Tell policy of the […]