Legal Opinion
Philips v. Perry
Court of Appeals for the Ninth Circuit
Decided February 14, 1997No. 95-35293PublishedCited by 44 opinions
1Opinion of the Court
RYMER, Circuit Judge:
Pursuant to the so-called “don’t ask/don’t tell” policy regarding gays in the military,1 the Navy discharged Petty Officer Mark A. Philips for stating that he is a homosexual, and for engaging in and saying that he will continue to engage in homosexual acts. Concluding that this circuit has held in a line of cases from Beller v. Middendorf, 632 F.2d 788 (9th Cir.1980), cert. denied, 452 U.S. 905, 101 S.Ct. 3030, 69 L.Ed.2d 405 (1981), through Meinhold v. U.S. Dept. of Defense, 34 F.3d 1469 (9th Cir.1994), that the military may constitutionally discharge members who engage…
2Cases cited23 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Stanley v. GeorgiaSupreme Court of the United States · 1969
- United States v. RainesSupreme Court of the United States · 1960
18 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Cook v. GatesCourt of Appeals for the First Circuit · 2008
- Witt v. Department of the Air ForceCourt of Appeals for the Ninth Circuit · 2008
- Smithkline Beecham Corporation v. Abbott LaboratoriesCourt of Appeals for the Ninth Circuit · 2014
- Wilkins v. United StatesCourt of Appeals for the Ninth Circuit · 2002
- Sevcik v. SandovalDistrict Court, D. Nevada · 2012
39 more not listed; retrieve them via the Exa API.