Gays in the Military: Possible Future?

According to Phil Carter, there may now be a legal basis for gays to challenge the military's policy of "don't ask, don't tell" and exclusions of gays. He basis his argument on the recent Supreme Court decision to overturn a Texas law outlawing homosexual sex and overturning the earlier case of Bowers v. Hardwick.

Lower courts have relied heavily on Bowers when upholding the military ban on gays, but now that won't work. As Carter explains, a future court challenge will:

"...cite Lawrence for the proposition that homosexual conduct is a fundamental right that the state cannot burden without some compelling interest -- and that the restrictions must be narrowly tailored to that compelling interest."

Read More:

• Supreme Court Decisions on Privacy
• Forum Discussion