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Judicial review: Legality of forces' ban on homosexuals upheld

This report relates to 1 case(s)

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    R v Admiralty Board of the Defence Council ex parte Lustig-Pream and Beckett [1996] IRLR 100 CA (0 other reports)

In R v Ministry of Defence ex parte Smith and another; R v Admiralty Board of the Defence Council ex parte Lustig-Pream and another [1996] IRLR 100, the Court of Appeal upholds the lawfulness of the Ministry of Defence's policy of administratively discharging from the armed forces service personnel who are known to be homosexual. The Divisional Court was right to conclude that the policy was not irrational, and that it was not in breach of the European Convention on Human Rights or the Equal Treatment Directive.