The United States military’s history of overt discrimination against various classes of persons is well known. But the military’s discrimination is not just historical; the Commander in Chief’s current effort to discriminate based on gender identity is neither the only, nor likely the last, exclusion of certain classes of persons from military service. When confronted with questions of military discrimination, courts continue to conduct conventional equal protection and due process analyses, with predictable results. But in Obergefell v. Hodges, the Supreme Court arguably articulated equal protection and due process standards in a new way, with potential ramifications for government discrimination outside the marriage context. This lecture will explore the military’s discriminatory service eligibility policies in light of Obergefell. President Trump’s attempt to prohibit service by transgender persons will be the primary vehicle for assessing Obergefell’s impact, but other discriminatory military service eligibility exclusions will be addressed.
Location:FAMU Law: 240 [ View Website ]