Log Cabin Republicans, a non-profit corporation v. United States of America; Robert M. Gates, Secretary of Defense
Published: Sep. 25, 2010 | Result Date: Sep. 9, 2010 | Filing Date: Jan. 1, 1900 |Case number: 2:04-cv-08425-VAP-E Bench Decision – Declaratory and Injunctive Relief
Court
USDC Central
Attorneys
Plaintiff
Fernando L. Aenlle-Rocha
(Judge)
Timothy M. Rusche
(Seyfarth Shaw LLP)
Patrick J. Hagan
(Fox Rothschild LLP)
Daniel J. Woods
(Musick, Peeler & Garrett LLP)
Rachel Jari Feldman
(White & Case LLP)
Defendant
W. Scott Simpson
(U.S. Dept. of Justice)
Joseph H. Hunt
(U.S. Dept. of Justice)
Facts
The federal government maintained a "don't ask, don't tell" statute and policy regarding homosexuality within the military, subjecting openly gay service members to discharge. The Log Cabin Republicans filed suit against the federal government in 2004, alleging the statute and policy violated the First and Fifth Amendment rights of gays and lesbians.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that more than 13,500 service members have been discharged since 1994 due to their sexual orientation, and that the statute and policy violated their rights to free speech, open association and right to due process.
DEFENDANT'S CONTENTIONS:
The government relied exclusively on the statute's legislative history in defense of its constitutionality, arguing the debate about the statute was political and should be determined by Congress.
Result
The court found that the statute, and policy, was unconstitutional and enjoined its enforcement.
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