A Servicewoman Prevails in Her Bid to Reinstate Her Constitutional Challenge to the "Don't Ask, Don't Tell" Policy: What Are the Implications of the Ninth Circuit's Ruling in Witt v. Secretary of the Air Force? FindLaw columnist and U.C., Davis law professor Vikram Amar analyzes the issues raised by an important new gay rights opinion from the U.S. Court of Appeals for the Ninth Circuit. The case arose when a longstanding servicemember was discharged under the military's "Don't Ask, Don't Tell" policy. As Amar explains, the Ninth Circuit panel ruled, significantly, that a higher standard of review than mere "rational basis" review applied in the case. Moreover, that ruling brings into question how far the Supreme Court's decision in Lawrence v. Texas -- which invalidated a criminal conviction for homosexual conduct -- reaches, and, specifically, whether it applies in a civi context and to public employees.

I think this is an important and significant issue. I hope we get more discussion of it.