Of Heterosexism, National Security, and Federal Preemption: Addressing the Legal Obstacles to a Free Debate about Military Recruitment at Our Nation's Law Schools

Authors

Roberto L. Corrada, University of DenverFollow

Publication Date

1-1-1992

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Constitutional protection, Sexual orientation, Equal Protection Clause, Fourteenth Amendment, Bill Clinton, Governmental review, Military policies, LGTBQ, State and local policies, Federal interests

Abstract

It is possible that within the next few years at least one federal circuit court will find constitutional protection for sexual orientation under the equal protection clause of the Fourteenth Amendment. It is also now assured, due to the election of Bill Clinton to the position of U.S. President, that there will be a substantial governmental review of military policies concerning gays and lesbians, possibly resulting in a decision to modify or even rescind them. Until some definitive action is taken at the federal level, however, gays and lesbians will have to rely increasingly on sympathetic state and local policymakers to enact substantive protection for sexual orientation. Despite the best of state and local efforts, protection at that level will always result in inconsistent enforcement at best and, at worst, will be superseded by conflicting federal interests. One such federal interest, a strong military, has been used to justify discrimination on the basis of sexual orientation. That justification, framed by military leaders, has been consistently upheld by federal circuit courts that are unwilling to question military policy. As a re-sult, other equal rights achievements by gays and lesbians have been dealt a blow.

Rights Holder

Roberto L. Corrada, Houston Law Review

File Format

application/pdf

Language

English (eng)

Extent

78 pgs

File Size

26.8 MB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

This article was originally published as Roberto L. Corrada, Of Heterosexism, National Security, and Federal Preemption: Addressing the Legal Obstacles to a Free Debate about Military Recruitment at Our Nation's Law Schools, 29 Hous. L. Rev. 301 (1992).

Volume

29

First Page

301

Last Page

377

Recommended Citation

Roberto L. Corrada, Of Heterosexism, National Security, and Federal Preemption: Addressing the Legal Obstacles to a Free Debate about Military Recruitment at Our Nation's Law Schools, 29 Hous. L. Rev. 301 (1992).