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Appeals Court Upholds Military Ban on Homosexual Conduct

In the third federal appeals court ruling to uphold the government’s “don’t ask, don’t tell” policy, the 9th U.S. Circuit Court of Appeals ruled 2-1 on February 14 to uphold the military’s policy banning homosexual conduct on or off duty. A discharged sailor had argued that the military ban was unconstitutional because it treated lesbians and gay men differently than heterosexuals. In her dissenting opinion, Circuit Judge Betty Fletcher said that discharging homosexuals but not heterosexuals for off-duty sexual conduct was a policy of discrimination based on prejudice.

Sources:

USA Today - February 14, 1997

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