Legal Opinion
BenShalom v. Secretary of Army
District Court, E.D. Wisconsin
Decided May 20, 1980No. Civ. A. 78-C-431PublishedCited by 39 opinions
1Opinion of the Court
DECISION AND ORDER
TERENCE T. EVANS, District Judge.
The petitioner, Miriam benShalom, brings this mandamus action seeking to compel the respondents to reinstate her as a member of the United States Army Reserves. Ms. benShalom was honorably discharged from the reserves on December 1, 1976. The matter is before the court on cross-motions for summary judgment and respondents' alternative motion to dismiss.
The unique question of law presented here is whether petitioner can be discharged from the Army (even if the discharge is “honorable”) simply because she is a homosexual, although there is no…
2Cases cited52 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Roe v. WadeSupreme Court of the United States · 1973
- Perry v. SindermannSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
47 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Beller v. MiddendorfCourt of Appeals for the Ninth Circuit · 1980
- William v. Wenger v. Paul D. Monroe, Jr., in His Official Capacity as Adjutant General of the California National Guard California National GuardCourt of Appeals for the Ninth Circuit · 2002
- James M. Woodward v. United StatesCourt of Appeals for the Federal Circuit · 1989
- 37 Fair empl.prac.cas. 598, 37 Empl. Prac. Dec. P 35,223 Roger W. Rich v. Secretary of the Army, Major General Kenneth R. Dirks, M.D., Former Commander Philip A. Deffer, M.D., Brigadier GeneralCourt of Appeals for the Tenth Circuit · 1984
- Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981
34 more not listed; retrieve them via the Exa API.