(Download) "Holmes V. California National Guard" by California Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Holmes V. California National Guard
- Author : California Court of Appeals
- Release Date : January 29, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 92 KB
Description
These consolidated appeals arise from a potential conflict between the equal protection and free speech guarantees of the California Constitution and the constraints imposed by preemptive federal law with respect to the policy based on sexual orientation known as "Dont Ask, Dont Tell" (the Policy), as applied to individuals on or eligible for state active duty in the California National Guard. The trial court below declared California Army National Guard Regulation No. 600-1, paragraph 6(d) (hereinafter the Regulation) facially unconstitutional under the California Constitution insofar as it applies the Policy to individuals on state active duty employment in the California National Guard, or bars them from obtaining such state active duty employment if they have been discharged, separated or released from federal service under the Policy. The California National Guard, the State of California, Major General Tandy K. Bozeman and California Governor Gray Davis (collectively defendants) appeal from the judgment entered in favor of First Lieutenant Andrew Holmes (plaintiff), individually and on behalf of a class of persons similarly situated.
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