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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.