Webster v. Doe
Webster v. Doe | |
---|---|
Court membership | |
| |
Case opinions | |
Majority | Rehnquist, joined by Brennan, White, Marshall, Blackmun, Stevens; O'Connor (parts I, II) |
Concur/dissent | O'Connor |
Dissent | Scalia |
Kennedy took no part in the consideration or decision of the case. | |
Laws applied | |
National Security Act of 1947 |
Webster v. Doe, 486 U.S. 592 (1988), is a case decided by the United States Supreme Court that presented statutory and constitutional claims by a former CIA employee who alleged that his termination was the result of discrimination based on sexual orientation.[1]
Background
The National Security Act of 1947 authorizes the Director of the CIA "in his discretion" to terminate the employment of any employee whenever he shall deem it to be in the security interests of the United States. John Doe, a CIA employee, voluntarily admitted to a CIA security guard that he was a homosexual. Despite having previously received ratings of "excellent" and "outstanding" employee performance, the employee was placed on administrative leave and later terminated as the result of his admission. William J. Casey, the Director of the CIA at that time, cited Doe's homosexuality as a threat to security. (Note that even though William H. Webster is named as the petitioner, Casey was the Director at the time of Doe's termination.)
Opinion of the Court
The issue presented before the Supreme Court was whether, and to what extent, the termination decisions of the Director under 102(c) are judicially reviewable. The Court, in an opinion delivered by
Dissent
See also
- Don't ask, don't tell
- List of United States Supreme Court cases, volume 486
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
References
- ^ Webster v. Doe, 486 U.S. 592 (1988). This article incorporates public domain material from this U.S government document.
Further reading
- Prince, T. P. (1988). "Webster v. Doe: Toward Constitutional Protection of Gays against Governmental Discrimination". Hastings Constitutional Law Quarterly. 16: 639. ISSN 0094-5617.
External links
- Text of Webster v. Doe, 486 U.S. 592 (1988) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)