Legal Opinion

Able v. United States

Court of Appeals for the Second Circuit

Decided July 1, 1996No. Nos. 799, 1082, Dockets 95-6111, 95-6141PublishedCited by 59 opinions

1Opinion of the Court

WALKER, Circuit Judge:

This appeal concerns the constitutionality of 10 U.S.C. § 654, the popularly termed “Don’t Ask, Don’t Tell” policy governing the participation of homosexuals in military service, and the accompanying directives issued by the Department of Defense (“DoD”) and the Secretary of Transportation. The genesis of this legislation lay in a much-publicized debate, both in government and society at large, over whether homosexuals should be permitted to serve in the military and -under what conditions such service should take place. Although there has been a great deal of litigation…

2Cases cited58 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Elrod v. BurnsSupreme Court of the United States · 1976

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3Cited by59 opinions

  1. Jean D. Byam v. Jo Anne Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Second Circuit · 2003
  2. Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National GuardCourt of Appeals for the Second Circuit · 1999
  3. Beharry v. AshcroftCourt of Appeals for the Second Circuit · 2003
  4. S.D. Myers, Inc. v. City and County of San Francisco and San Francisco Human Rights CommissionCourt of Appeals for the Ninth Circuit · 2001
  5. Cook v. GatesCourt of Appeals for the First Circuit · 2008

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