Abstract

http://ssrn.com/abstract=1464893
 


 



Who’s Been Sleeping in Your Bed? An Analysis of the Government’s Approach to the Sexual Orientation of its Employees


Judith M. Stinson


Arizona State University (ASU) - Sandra Day O'Connor College of Law

1988

Arizona Law Review, Vol. 30, p. 155, 1988

Abstract:     
The United States Supreme Court recently granted certiorari in Doe v. Casey to consider whether the decision by the Director of the Central Intelligence Agency (CIA) to discharge an employee based solely on sexual orientation is judicially reviewable. The discharged employee petitioned to have the court determine whether the employee was entitled to a statement of reasons for the CIA's determination, but certiorari was not granted on that issue. Both questions, however, arise out of a broader and more difficult issue: when may the government legally discharge an employee because he or she is a homosexual? This Note reviews the judicial decisions regarding employment terminations of homosexual persons in both private and governmental contexts. It then examines rulings of the lower courts in Doe v. Casey, a recent case concerning an employee of a government agency dealing with sensitive national security information. Finally, it evaluates the existing policy framework that the Supreme Court may use in its upcoming decision.

Number of Pages in PDF File: 15

Keywords: Sexual orientation, employment terminations, homosexuality

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Date posted: September 1, 2009  

Suggested Citation

Stinson, Judith M., Who’s Been Sleeping in Your Bed? An Analysis of the Government’s Approach to the Sexual Orientation of its Employees (1988). Arizona Law Review, Vol. 30, p. 155, 1988. Available at SSRN: http://ssrn.com/abstract=1464893

Contact Information

Judith M. Stinson (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
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