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Constitutional Law

Nov. 18, 2010

End Military Discrimination Now

The prolonging of the discriminatory "don't ask, don't tell" policy is unnecessary. By Erwin Chemerinsky of UCI School of Law.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).


By Erwin Chemerinsky


The military's unconstitutional "don't ask, don't tell" policy should be ended immediately and it is inexplicable that the Obama administration is trying so hard to keep it in place. It is unfortunate that a conservative panel of the 9th U.S. Circuit Court of Appeals ignored basic principles of equity and stayed a nationwide injunction halting the enforcement of this discriminatory policy. On Nov. 1, the Supreme Court re...

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