Steffan v. Cheney’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 1 state decisions

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “H. Homosexuality 1. Basis a.Homosexuality is incompatible with military service. The presence in the military environment of persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct, seriously impairs the accomplishment of the military mission. The presence of such members adversely affects the ability of the Military Services to maintain discipline, good order, and morale; to foster mutual trust among servicemembers; to ensure the integrity of the system of rank and command; to facilitate assignment and worldwide deployment of servicemembers who frequently must live and work under close conditions affording minimal privacy; to recruit and maintain members of the Military Services; to maintain the public acceptability of military service; and to prevent breaches of security. b. As used in this section: (1) Homosexual means a person, regardless of sex, who engages in, desires to engage in, or intends to engage in homosexual acts; (3) A homosexual act means bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires. c. The basis for separation may include preservice, prior service, or current service conduct or statements. A member shall be separated under this.section if one or more of the following approved findings is made: (1) The member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act o”

   1 later decision quote this exact passage
   e.g. Steffan v. Aspin

2. “[t]he plaintiff is suing for ... a declaration that the Department of Defense Directives 1332.14 and 1332.30, and all other regulations applied to the plaintiff prohibiting those with a homosexual orientation from serving in the Navy or attending the Naval Academy, are violations of the equal protection component of the fifth amendment to the Constitution.”

   1 later decision quote this exact passage
   e.g. Steffan v. Perry

3. “maintenance of discipline, morale, good order, a respected system of rank and command, ... morality and respect for [ ] privacy interests,”

   1 later decision quote this exact passage
   e.g. Steffan v. Perry