TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P38

Gale Encyclopedia of American Law Volume 1 P38 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 358 ARMED SERVICES implementing the new rules and many critics felt that the policy further polarized attitudes among service members. Furthermore the policy shifted the burden of proof to the individual to show that she or he had not engaged in homosexual acts. The first legal challenge to the don t ask don t tell don t pursue policy was filed in March 1994 by the American civil liberties union and the Lambda Legal Defense and Education Fund. Six service members who had declared their homosexuality filed suit in the . District court for the Eastern District of New York asking for injunctive relief and a declaration that the policy was unconstitutional. The case was heard by Judge Eugene H. Nickerson who issued orders on April 4 1994 and June 3 1994 enjoining the Army from pursuing discharge proceedings against the plaintiffs. Nickerson based his decision on the plaintiffs showing that they would suffer irreparable harm if the injunction were not granted and that the case involved sufficiently serious questions that would warrant its going forward for a decision on its merits. The . court of Appeals for the Second circuit found that Nickerson had used an incorrect standard in determining whether the injunction should be granted. it held that in a case such as this where an injunction is sought against a government action taken in the public interest pursuant to a statutory or regulatory scheme a more rigorous showing that the case has a likelihood of success must be made Able v. United States 44 128 1995 per curiam . The court allowed the injunctions to stand but remanded the case to the district court for a decision on the plaintiffs constitutional claims within three months. On March 30 1995 Judge Nickerson delivered the decision the plaintiffs had hoped for. He held that the don t ask don t tell don t pursue policy violated the First and Fifth Amendments and enjoined the government from enforcing the policy against the plaintiffs Able 880 F. Supp. 968

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