Holmes v. California National Guard
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For the War of 1812 soldier, see Andrew Holmes (army officer).
Andrew Holmes v. California National Guard, 124 F.3d 1126 (9th Cir. 1998)[1] was a federal court case heard by the Ninth Circuit Court of Appeals, that upheld the "don't ask, don't tell" policy that restricted service by gays and lesbians in the California National Guard of the United States. The court decided that a member of the National Guard could not be discharged for saying publicly that he or she is homosexual or bisexual, but could be restricted to assignments that did not require recognition by the federal government.
Quick Facts Holmes v. California National Guard, Court ...
Holmes v. California National Guard | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Holmes v. California National Guard |
Argued | July 8, 1996 |
Submitted | April 7, 1997 |
Decided | September 5, 1997 |
Citation(s) | 124 F.3d 1126; 71 Empl. Prac. Dec. (CCH) ¶ 45,000; 97 Cal. Daily Op. Serv. 7165; 97 Daily Journal D.A.R. 11,571 |
Court membership | |
Judge(s) sitting | Thomas M. Reavley (5th Cir.), Stephen Reinhardt, Charles E. Wiggins |
Case opinions | |
Majority | Wiggins, joined by Reavley |
Dissent | Reinhardt |
Laws applied | |
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