Lustig-Prean and Beckett v. United Kingdom

Duncan Lustig-Prean and John Beckett (collectively, the soldiers) (plaintiffs) were both gay men who served in the United Kingdom’s armed forces. The United Kingdom’s (defendant) Ministry of Defense prohibited homosexual individuals from serving in the armed forces. The soldiers were both investigated by the military police regarding their homosexuality, both admitted to being homosexual, and both were administratively discharged solely because of their sexual orientation. The military police’s investigations were intensive and continued even after both soldiers admitted to being homosexual. Neither soldier wanted to leave the armed forces, and the administrative discharges had profound negative effects on their careers and prospects. The United Kingdom Court of Appeal rejected the soldiers’ appeal applications. The soldiers then appealed to the European Court of Human Rights, arguing that the investigations and subsequent administrative discharges the soldiers suffered because of their sexual orientation violated their right to privacy under the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention). The United Kingdom countered, arguing that the ban on homosexual servicemembers was in place because allowing homosexual individuals to serve in the military would have a significant, negative impact on the military’s overall morale and effectiveness.