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[personal profile] elf2010-09-10 08:47 am

Log Cabin Republicans v USA (DADT): Memo Opinion

Log Cabin Republicans v USA (DADT military)
Ruling released on September 8, 2010

LINK TO ORIGINAL: PDF of Opinion at CACD site
Approx 22,000 words. Apologies for sloppy html in spots. Intend to fix later.

LCR v USA header )

Plaintiff Log Cabin Republicans attacks the constitutionality of the statute known as the "Don't Ask, Don't Tell" Act ("the Act" or "the Policy"), found at 10 U.S.C. ยง 654, and its implementing regulations.[1] Plaintiff's challenge is two-fold: it contends the Act violates its members' rights to substantive due process guaranteed by the Fifth Amendment to the United States Constitution, and its members' rights of freedom of speech, association, and to petition the government, guaranteed by the First Amendment. [2]

The Court finds Plaintiff Log Cabin Republicans (sometimes referred to in this Order as "Log Cabin," "LCR," or "Plaintiff"), a non-profit corporation, has established standing to bring and maintain this suit on behalf of its members. Additionally, Log Cabin Republicans has demonstrated the Don't Ask, Don't Tell Act, on its face, violates the constitutional rights of its members. Plaintiff is entitled to the relief sought in its First Amended Complaint: a judicial declaration to that effect and a permanent injunction barring further enforcement of the Act.
Contents )

Proceedings )

Standing )

Evidence )

Plaintiff's Challenge under Due Process )

Plaintiff's First Amendment Challenge )

Conclusion )