ACLU Challenges Pay Policy For Gays In Military

Law360, New York (November 11, 2010, 5:50 PM EST) -- The American Civil Liberties Union has lodged a proposed class action claiming the U.S. Department of Defense discriminates by halving the separation pay of service members who are honorably discharged for being gay.

The suit, lodged Wednesday in the U.S. Court of Federal Claims, alleges the internal DOD policy in question — which is distinct from the “don't ask, don't tell” statute — violates the Fifth Amendment's guarantees of equal protection and substantive due process.

“Even if concerns about unit cohesion and military efficiency justified the...
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