BEN-SHALOM

v.

STONE, SECRETARY OF THE ARMY, ET AL.

Citator

Cited By

• State v. COX, 627 So. 2d 1210 (Fla. 2d DCA 1993)
  …seems to apply a rational basis test. In the federal courts, neither homosexual orientation nor homosexual conduct has been determined to be a class requiring strict scrutiny review. Ben-Shalom v. Marsh, 881 F. 2d 454 (7th Cir.1989), cert. denied, 494 U.S. 1004, 110 S.Ct. 1296, 108 L.Ed.2d 473 (1990); High Tech Gays v. Defense Industrial Security Clearance Office, 895 F. 2d 563 (9th Cir.1990); Pruitt v. Cheney, 963 F. 2d 1160 (9th Cir.1991), cert. denied, — U.S. -, 113 S.Ct. 655, 121 L.Ed.2d 581 (1992).9 W…

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• Dusty Pruitt v. Cheney, 963 F.2d 1160 (9th Cir. 1992)
  …ome sense speech, it is also an act of identification. And it is the identity that makes her ineligible for military service, not the speaking of it aloud. Ben-Shalom v. Marsh, 881 F. 2d 454, 462 (7th Cir.1989) (emphasis in original), cert. denied, 494 U.S. 1004, 110 S.Ct. 1296, 108 L.Ed.2d 473 (1990). This language applies equally well here. A central problem underlying Pruitt’s first amendment argument is that it is based, understandably enough, on the classical dichotomy between the punishment of speech…
• Shahar v. Bowers, 70 F.3d 1218 (11th Cir. 1995)
  …argument has been universally rejected by the courts that have considered it. See, e.g., Equality Found. of Greater Cincinnati, Inc. v. City of Cincinnati, 54 F. 3d 261 (6th Cir.1995); Ben-Shalom v. Marsh, 881 F. 2d 454 (7th Cir.1989), cert. denied, 494 U.S. 1004, 110 S.Ct. 1296, 108 L.Ed.2d 473 (1990); Rich v. Secretary of the Army, 735 F. 2d 1220 (10th Cir.1984); see also High Tech Gays v. Defense Indus. Sec. Clearance Office, 895 F. 2d 563 (9th Cir.) (discussing issue in the context of the Fifth Amendment…

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