Social Media on Sexuality
Scholarly Paper VS Social Media on Sexuality
The article “When evidence is a crime” by Elizabeth Goitein is a case study about a Federal court decision to uphold the “don’t ask, don’t tell policy (DADT)” and violation of The First and Fifth Amendments. The court decision in “Holmes vs. California Army Nation Guard took place in 1997, which was fairly recent after the decision by former President Clinton who implemented the “Don’t ask Don’t Tell policy”. The case study argues that the continuing to ignore the rights of Homosexuals in the courts will result in a trend of continued dismissal of Homosexual rights in the Armed Forces; specifically the First Amendment. This case was published in the Yale Law Journal in 1998 which Goitein analyses one specific case’s violation of Homosexual rights by providing evidence from other similar cases of Homosexual conduct and criminal cases. The Yale Law Journal is the most widely cited and one of the oldest law reviews in the nation. The Journal’s mission is to disseminate legal scholarship to the world.
In the Holmes case was a consolidation of two Military Officers, Lieutenant Watson and Holmes, who were discharged under the “DADT” Policy. They were discharged on the fact that the service members stated that they were Homosexuals. The policy afforded them the opportunity to provide evidence that they were individuals who do not engage in homosexual activity. They two Officers used the military courts to fight the policy based on their military record of service. Despite their outstanding record they were eventually discharged. They eventually filed complaints that their Fifth; equal protection, and First Amendment rights; freedom of speech, have been violated. In Watson’s complaint the Navy argued that the discharge was based on the likelihood homosexual conduct rather than the expression of homosexual conduct (Goitein, 1998). This seems to be a major play on words from the Navy during the complaint and was eventually
The article “When evidence is a crime” by Elizabeth Goitein is a case study about a Federal court decision to uphold the “don’t ask, don’t tell policy (DADT)” and violation of The First and Fifth Amendments. The court decision in “Holmes vs. California Army Nation Guard took place in 1997, which was fairly recent after the decision by former President Clinton who implemented the “Don’t ask Don’t Tell policy”. The case study argues that the continuing to ignore the rights of Homosexuals in the courts will result in a trend of continued dismissal of Homosexual rights in the Armed Forces; specifically the First Amendment. This case was published in the Yale Law Journal in 1998 which Goitein analyses one specific case’s violation of Homosexual rights by providing evidence from other similar cases of Homosexual conduct and criminal cases. The Yale Law Journal is the most widely cited and one of the oldest law reviews in the nation. The Journal’s mission is to disseminate legal scholarship to the world.
In the Holmes case was a consolidation of two Military Officers, Lieutenant Watson and Holmes, who were discharged under the “DADT” Policy. They were discharged on the fact that the service members stated that they were Homosexuals. The policy afforded them the opportunity to provide evidence that they were individuals who do not engage in homosexual activity. They two Officers used the military courts to fight the policy based on their military record of service. Despite their outstanding record they were eventually discharged. They eventually filed complaints that their Fifth; equal protection, and First Amendment rights; freedom of speech, have been violated. In Watson’s complaint the Navy argued that the discharge was based on the likelihood homosexual conduct rather than the expression of homosexual conduct (Goitein, 1998). This seems to be a major play on words from the Navy during the complaint and was eventually
References: Elizabeth Goitein. (1998). When the evidence is the crime. The Yale Law Journal, 107(8), 2667- 2672. Retrieved November 25, 2010, from ABI/INFORM Global. (Document ID: 32104843). Webley, K.. (2010, February). Gays in the Military. Time, 175(6), 1. Retrieved November 26, 2010, from ABI/INFORM Global. (Document ID: 1978853991).