Monday, April 24, 2006

How does this square with Lawrence v. Texas?

A federal judge threw out a "don't ask, don't tell" case. I can see how the speech bit is weak, but any lawyers out there care to explain how the equal protection parts of SLDN's argument work?
In his ruling, O'Toole cited the authority given to Congress in establishing the country's military policies.

"Deference to Congressional judgment is of even greater importance in a case such as this one where the legislation challenged was enacted pursuant to Congress' authority over the national military forces," O'Toole wrote.

"In Congress, there were hearings by committees of both Houses at which the arguments for and against the policy were aired and debated. The resulting legislation was the end product of a focused process of debate and deliberation."

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