Wednesday, May 21, 2008
Witt v. Department of Air Force
The Ninth Circuit has ruled that the miltary's "don't ask, don't tell" policy is subject to heightened scrutiny under Lawrence v. Texas. I have not yet read the opinion, but Eugene Volokh suggests that the Ninth Circuit has interpreted Lawrence as recognizing a fundamental right to sexual autonomy.
https://mirrorofjustice.blogs.com/mirrorofjustice/2008/05/witt-v-departme.html