Judicial Review of Security Clearances for Homosexual Post--U.S. Department of the Navy v. Egan

Authors

Christopher Scott Maravilla, Fried, Frank, Harris & Jacobson

First Page

785

Document Type

Article

Abstract

This article focuses on sexual preference discrimination against civilian employees in the national security field. It will specifically address whether employees rights, when denied or have a security clearance revoked solely on the basis of their homosexuality without any additional circumstances surrounding it, is a colorable constitutional claim that may be heard in the federal courts.

This article will:

I. Survey current employment law pertaining to homosexuals in emphasizing the national security cases;

II. Argue that Egan does not bar judicial review of background investigations when colorable constitutional claims are at issue; and

III. Argue that the courts may hear such cases because the separation of powers doctrine is inapplicable to constitutional claims involving security clearances.

Recommended Citation

Christopher S. Maravilla, Judicial Review of Security Clearances for Homosexual Post--U.S. Department of the Navy v. Egan, 13 St. Thomas L. Rev. 785 (2001).
Available at: https://scholarship.stu.edu/stlr/vol13/iss3/8