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Judicial review: Forces' ban on homosexuals reluctantly held lawful

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Source: Industrial Relations Law Bulletin

Issue: 524

Date: 01-07-1995

Publisher: IRS

Judicial review: Forces' ban on homosexuals reluctantly held lawful

TOPICS:

equal opportunities

sexual orientation

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

R v Ministry of Defence, ex parte Smith [1995] IRLR 585 HC (2 reports)

In R v Ministry of Defence ex parte Smith and others¹, the High Court holds that the MoD's blanket ban on anyone of homosexual orientation serving in the armed forces is lawful. It is not "irrational" and it breaches neither the European Convention on Human Rights nor the EC Equal Treatment Directive.

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