How has Section 654(b)(2) of the Civil Code of Civil Procedure been interpreted by a federal court?
MultiRegion, United States of America
The following excerpt is from Able v. U.S., 88 F.3d 1280 (2nd Cir. 1996):
The district court concluded that the statements presumption of 654(b)(2) impermissibly burdens speech because it is based on the substantive content of its message. See Rosenberger v. Rector & Visitors of the Univ. of Va., --- U.S. ----, ----, 115 S.Ct. 2510, 2516, 132 L.Ed.2d 700 (1995). In effect, according to the district court, subsection (b)(2) subjects service members to discharge based on their self-identification as homosexuals.
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