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Log Cabin Republicans win constitutional ruling against military ban

By Alliance Alert

October 2010: Log Cabin Republicans Win Constitutional Ruling Against Military Ban Lesbian/Gay Law Notes, Lesbian and Gay Law Association of Greater New York "Based on the evidence submitted, the court concluded that LCR proved the Act does not further military readiness, but also that the Act: contributes to recruiting shortages; causes discharge of otherwise qualified servicemembers with critical skills; contributes to lower admission standards; that the delays in investigations until servicemembers return from combat deployment show that the Policy is not necessary to further military readiness or unit cohesion; that it harms rather than furthers unit cohesion and morale; and that military housing already provides sufficient protection of privacy of servicemembers. Therefore, the court held that the Defendants failed to show the Act was necessary to significantly further the Government?s important interests in military readiness and unit cohesion, and found the Act violated substantive due process under the Fourteenth Amendment."

Full post as published by Constitutionally Correct on October 04, 2010 (boomark / email).