About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

64 UMKC L. Rev. 121 (1995-1996)
Homosexuality and Military Service: Legislation, Implementation, and Litigation

handle is hein.journals/umkc64 and id is 129 raw text is: HOMOSEXUALITY AND MILITARY SERVICE: LEGISLATION, IMPLEMENTATION, AND LITIGATION William A. Woodruff* Table of Contents I. INTRODUCTION .......................................... 121 II. THE 1981 DEPARTMENT OF DEFENSE REGULATORY POLICY ........ 123 A. Institutional and Philosophical Context .................... 123 1. The Role of the Armed Forces in American Society ....... .123 2. Individual Rights v. Military Readiness ................. 124 B. The Historical Context ............................... 128 C. Operational Context ................................. 132 D. Judicial Review of the 1981 Homosexual Exclusion Policy .... 135 1. Procedural Due Process ............................ 35 2. Substantive Due Process ............................ 138 3. Free Speech ....................................... 139 4. Equal Protection ................................... 140 III. THE POST-JANUARY 1993 POLICIES ........................... 142 A . Background .......................................... 143 B. The July 19th Policy ................................... 144 C. The 1993 Statutory Policy .............................. 150 1. Rational Basis Review .............................. 155 2. Congress Can Forbid Homosexual Activity in the Military Environm ent ...................................... 156 3. It Is Reasonable to Conclude That Homosexuals Will Engage in Homosexual Conduct ............................. 157 4. The Military May Avoid the Harm to Good Order, Discipline, Morale, and Unit Cohesion That All Agree Homosexual Conduct Causes by Excluding the Class Most Likely to Engage in the Prohibited Conduct .......................... 158 IV. DOD IMPLEMENTATION .................................... 168 V. JUDICIAL REVIEW OF THE DOD POLICY ........................ 173 VI. CONCLUSION ............................................ 178 I. INTRODUCTION When President Clinton announced his intention to lift the military's long- standing rule against service by homosexuals, he set off a fire storm of controversy. Less than two weeks after his inauguration as the its the economy, stupid * Professor of Law, Norman Adrian Wiggins School of Law, Campbell University. Prior to retiring from active duty in The Judge Advocate General's Corps, Professor Woodruff served as the Chief, Litigation Division, Office of the Judge Advocate General, where he was responsible for defending the Army's interests in civil litigation, including litigation challenging the homosexual exclusion policy. 121

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most