GAYS IN THE MILITARY-THE NINTH CIRCUIT COURT OF APPEALS FAILS TO SUBJECT 'DON'T ASK, DON'T TELL' TO A STRICT SCRUTINY TEST: WITT V. DEPARTMENT OF THE AIR FORCE

摘要

Witt V. Department of the Air Force centers on the appropriate standard of review to apply when the military's Don't Ask, Don't Tell (DADT) policy infringes on the liberty of homosexuals. There are three commonly referenced levels of judicial review: strict scrutiny, intermediate scrutiny, and the rational basis test. The Witt court held that an intermediate level of scrutiny applies to cases involving DADT.