This is a preview. To continue reading please log in or Register to read this article

Ban on gays in military upheld

This report relates to 1 case(s)

In R v Ministry of Defence ex parte Smith and others (7 June 1995) EOR62F, the Divisional Court rules that the policy that homosexual men and women are not permitted to serve in the armed forces is not unlawful. The policy could not be held to be irrational so as to be susceptible to judicial review. Nor is discrimination on grounds of sexual orientation in breach of the EC Equal Treatment Directive.