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The Scholar: St. Mary's Law Review on Race and Social Justice

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The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker Jan 2017

The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker

The Scholar: St. Mary's Law Review on Race and Social Justice

The violent murder of Army Private First Class Barry Winchell, a suspected homosexual, is a gruesome example of how the military does not tolerate homosexuals. The military’s current homosexual policy – referred to as Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass – is ineffective. The policy creates an atmosphere of intolerance that leads to discrimination among homosexual service members, and this discrimination often has violent ends. This comment analyzes the ways other countries implement policies for their homosexual service members, and also offers proposals to improve the current homosexual policy in the United States. The author discusses how the …


Dividing Stereotyping And Religion: The Legal Implications Of The Ambiguous References To Voodoo In U.S. Court Proceedings., Danielle N. Boaz Dec 2011

Dividing Stereotyping And Religion: The Legal Implications Of The Ambiguous References To Voodoo In U.S. Court Proceedings., Danielle N. Boaz

The Scholar: St. Mary's Law Review on Race and Social Justice

In human rights law, freedom of religion generally possesses three main components: the right to freedom of thought and conscience, freedom to manifest religion or beliefs, and freedom to profess, disseminate, or share religion or beliefs. The latter two are typically subject to restrictions such as public safety, health, morals, and the rights and freedoms of others. They are also the two most often litigated components. For centuries, colonizers deprived practitioners of their freedom of religion in the Americas – specifically African-based traditions, such as Voodoo. Stereotypes about Voodoo, which stem from early colonizer observance and belief that Haitians were …