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View Diary: DADT Deal Met for "conditional future repeal" (244 comments)

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  •  Yes, you might want to look at Marcum (0+ / 0-)

    yourself. The Court of Appeals did not, in fact, assert that Lawrence is applicable in the military context. Rather, they found that it would have to be addressed on a case-by-case basis. The three-pronged test they set up starts with the liberty interests in Lawrence, but the remaining two prongs leave plenty of loopholes that give me no confidence whatsoever that Article 125, if left on the books, could still be used by command authorities who wanted a convenient excuse for getting rid of someone they didn't like.

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