Legal Opinion
Joseph G. Hatheway, Jr. v. Secretary of the Army
Court of Appeals for the Ninth Circuit
Decided April 20, 1981No. 80-4013PublishedCited by 61 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
I
Lieutenant Hatheway was convicted of sodomy by a general court-martial. Article 125 of the Uniform Code of Military Justice, 10 U.S.C. § 925 (1976) makes it a crime for a serviceperson to engage “in unnatural carnal copulation with another person of the same or opposite sex.”
Prior to trial, Hatheway offered to prove that the convening authority prosecuted only cases involving homosexual sodomy, and would prosecute none involving heterosexual sodomy, even though he was aware of such cases. The Military Judge ruled that, even if Hatheway could establish those…
2Cases cited29 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Stone v. PowellSupreme Court of the United States · 1976
- McGowan v. MarylandSupreme Court of the United States · 1961
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Holland v. United StatesSupreme Court of the United States · 1955
24 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Witt v. Department of the Air ForceCourt of Appeals for the Ninth Circuit · 2008
- 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
- Tillman v. CookCourt of Appeals for the Tenth Circuit · 2000
- Miguel A. Ramirez v. Sherman Hatcher, WardenCourt of Appeals for the Ninth Circuit · 1998
- United States v. Luis Rodolfo Zavala-Serra, United States of America v. Maria Novoa CruzCourt of Appeals for the Ninth Circuit · 1988
56 more not listed; retrieve them via the Exa API.