10-13-2010, 06:25 PM
Grace62 wrote:
But she was awarded a financial recovery by the ninth circuit, and this case established a standard that PREVIOUS dismissals under DADT will be null and void and the soldier must be reinstated with back pay IF the military cannot prove that the soldier's presence harmed morale.
I'm not going to argue with you over the differences between a tort action and a federal civil rights suit. Go read a book.
...
As for what the case stands for, it stands for the premise that discriminatory policies in the military on the basis of sexual orientation must serve a substantial government interest in the 9th Circuit and the government's lawyers didn't meet their burden of proof... in the 9th Circuit.