Log Cabin Republicans v. United States
Opinion
Opinion
Phillips, J.
AMENDED & FINAL MEMORANDUM OPINION
[Filed concurrently with Findings of Fact & Conclusions of Law]
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. § 654 , and its implementing regulations. Plaintiffs 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.
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.