Holmes v. California Army National Guard’s Empirical Analysis
124 F.3d 1126 · 1997
Citation profile
16 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 36 later decisions (1 by the Supreme Court) — most recently February 2019 · most notably Lawrence v. Texas (2003), Lofton v. Secretary of the Department of Children & Family Services (2004)
16 federal appellate · 2 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 10 U.S.C. § 654 · 28 U.S.C. § 1291 · 28 U.S.C. § 2412 · 32 U.S.C. § 307 · 5 U.S.C. § 706
Relies on City of Cleburne Texas v. Cleburne Living Center · Federal Communications Commission v. Beach Communications, Inc. · Heller v. Doe Ex Rel. Doe · Romer Governor of Colorado v. Evans · Reno v. American Civil Liberties Union
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Policy. — A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations: (1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated that— (A) such conduct is a departure from the member’s usual and customary behavior; (B) such conduct, under all the circumstances, is unlikely to recur; (C) such conduct was not accomplished by use of force, coercion, or intimidation; (D) under the particular circumstances of the case, the member’s continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline, good order, and morale; and (E) the member does not have a propensity or intent to engage in homosexual acts. (2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. (3)That the member has married or attempted to marry a p”
3 later decisions quote this exact passage · from the dissent“the burden is on the one attacking the legislative arrangement to negative every conceivable basis which might support it, whether or not the basis has a foundation in the record.”
2 later decisions quote this exact passage · from the majority““Homosexual conduct is grounds for separation from the Military Services under the terms set forth [in the DOD Directives.] Homosexual conduct includes homosexual acts, a statement by a member that demonstrates a propensity or intent to engage in homosexual acts, or a homosexual marriage or attempted marriage. A statement by a member that demonstrates a propensity or intent to engage in homosexual acts is grounds for separation not because it reflects the member’s sexual orientation, but because the statement indicates a likelihood that the member engages in or will engage in homosexual acts.” 124 F.3d at 1129 (quoting DOD Directive 1332.30 at 2-l(e) (emphasis added)).”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.