NEWS: Gays in military ruling creates dilemma for brass

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MONDAY, MAR 8, 2010

Gays in military ruling creates dilemma for brass

A pressing legal reality for the "don't ask, don't tell" standard for gays serving in the military is that the 9th U.S. Circuit Court of Appeals has already struck down the way it's practiced in much of the Western United States.

The 2008 ruling, while largely overlooked, would force the military to apply a much higher threshold in determining whether a service member should be dismissed for being gay.

The government declined to appeal the ruling by the three-judge panel, which leaves it standing as law in the nine states covered by the court. That means gay military members at bases in the West technically have greater protections than their colleagues across the world. ...

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