Cook v. Gates: Don’t Ask, Don’t Tell Remains a Legal Option for the Military, but the End May Be in Sight
Christopher A. Scott, 18 Law & Sexuality 183 (2009)
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Challenges to DADT appeared to be a dead issue until the Supreme Court appeared to alter its accepted standard of review in regard to at least some laws pertaining to homosexual intimacy in Lawrence v. Texas. Striking down a Texas statute that made it a crime for two persons of the same sex to engage in certain intimate conduct, the Court appeared to utilize a standard of review that fell between rational basis and strict scrutiny. After Lawrence, challenges to DADT under equal protection were brought by plaintiffs seeking to have courts assess DADT under a new intermediate standard of review
