|
Holmes V. California National Guard
''Andrew Holmes v. California National Guard'', 124 F.3d 1126 (9th Cir. 1998) was a federal court case heard by the Ninth Circuit Court of Appeals, that upheld the " don't ask, don't tell" policy that restricted service by gays and lesbians in the California National Guard of the United States. The court decided that a member of the National Guard could not be discharged for saying publicly that he or she is homosexual or bisexual, but could be restricted to assignments that did not require recognition by the federal government. Military policy "Don't Ask, Don't Tell" (DADT) is the common name for federal policy established in part by law (), enacted by the Congress of the United States in 1993, and in part by the military regulations that implemented that legislation, which restricted inquiries and investigations into the sexual orientation of a service member. It prevented homosexual members of the armed services from dismissal solely on the grounds of their sexual orient ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heterosexuality
Heterosexuality is romantic attraction, sexual attraction or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to people of the opposite sex; it "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions." Someone who is heterosexual is commonly referred to as ''straight.'' Along with bisexuality and homosexuality, heterosexuality is one of the three main categories of sexual orientation within the heterosexual–homosexual continuum. Across cultures, most people are heterosexual, and heterosexual activity is by far the most common type of sexual activity. Scientists do not know the exact cause of sexual orientation, but they theorize that it is caused by a complex interplay of genetic, hormonal, and environmental influences, and do not view it as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1998 In LGBT Rights
This is a list of notable events in the history of LGBT rights that took place in the year 1998. Events February * 10 – Voters in the US state of Maine reject a law 1997 in LGBT rights, enacted in 1997 banning sexual orientation discrimination in the private sector with 51.5 percent against. May * 21 – The House of Representatives of Cyprus repeals Section 171 of the Criminal Code of Cyprus, Section 171 of the Criminal Code, which used to criminalize homosexual acts between consenting male adults. * 28 - President of the United States, U.S. President Bill Clinton signs Executive Order 13087 to prohibit discrimination based on sexual orientation in the competitive service of the Office of Personnel Management, federal civilian workforce. September * 23 – The United States Court of Appeals for the Second Circuit in ''Abel v. United States of America'' rules that the government's proffered reasons for passing "don't ask, don't tell" pass rational basis review, reversing t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LGBT Rights In The United States
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States are among the most socially, culturally, and legally permissive and advanced in the world, with public opinion and jurisprudence on the issue changing significantly since the late 1980s. In 1962, all 50 states criminalized same-sex sexual activity, but by 2003 all remaining laws against same-sex sexual activity were invalidated in Lawrence v. Texas. Beginning with Massachusetts in 2004, LGBT Americans had won the right to marry in all 50 states by 2015. Additionally, in many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBT rights in the United States have been established by the United States Supreme Court, which has invalidated a state law banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Orientation And Military Service
Sex is the biological distinction of an organism between male and female. Sex or SEX may also refer to: Biology and behaviour *Animal sexual behaviour **Copulation (zoology) **Human sexual activity **Non-penetrative sex, or sexual outercourse **Sex drive, a person's overall sexual drive or desire for sexual activity **Sexual intercourse, also called copulation or coitus *Gender, the distinction between male and female or masculinity and femininity within an individual's gender identity **Sex and gender distinction *Human sexuality *Mating types, a distinction of gametes, whether in anisogamous or isogamous species * Sexing, the act of discerning the sex of an animal *Sexual reproduction, a process of combining and mixing genetic traits, associated with the generation of new individuals, by means of meiosis and fertilization **Genetic recombination, the process of mixing genetic traits solely, occurring both in organisms with sexual or asexual reproduction Art and entertainment Fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rational Basis Review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical."Rational Basis Test" Cornell University Law School. Accessed May 13, 2022. The higher levels of scrutiny are intermediate scrutiny and . Heightened scrutiny is applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suspect Class
In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or other government action, or sometimes private action. When a law or government action affects a group that falls under a "suspect classification," courts apply the strict scrutiny standard in reviewing the constitutional validity of a law or action. Criteria The United States Supreme Court has mentioned a variety of criteria that, in some combination, may qualify a group as a suspect class, but the Court has not declared that any particular set of criteria are either necessary or sufficient to qualify.Wintemute, Robert, Sexual Orientation and Human Rights' (1995) Some of the criteria that have been cited include: * The group has historically be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabili ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Relief
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunctive Relief
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for ''Brown v. Board of Education'' (1954), the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
