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
Arizona Law Review, Vol. 30, p. 155, 1988
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, homosexualityAccepted Paper Series
Date posted: September 1, 2009
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