The Act, described in greater detail below, provides that any member of the U.S. Armed Forces who engages in homosexual conduct is subject todischarge unless the servicemember is able to demonstrate that he or shehas no propensity to engage in "homosexual conduct." Under the Act,homosexual conduct includes sexual acts with persons of the same sex,admissions that one is homosexual or bisexual, and attempts to marry aperson of the same sex.
The Court dismissed Plaintiff's claim for violation of the EqualProtection Clause in an Order dated June 9, 2009 ("June 9, 2009, Order").(Doc. No. 83.)
Plaintiff Log Cabin Republicans attacks the constitutionality of thestatute 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.
Plaintiff'schallenge is two-fold: it contends the Act violates its members' rights tosubstantive due process guaranteed by the Fifth Amendment to the UnitedStates Constitution, and its members' rights of freedom of speech,association, and to petition the government, guaranteed by the FirstAmendment.
The Court finds Plaintiff Log Cabin Republicans (sometimes referred toin this Order as "Log Cabin," "LCR," or "Plaintiff"), a non-profit corporation,has established standing to bring and maintain this suit on behalf of itsmembers. Additionally, Log Cabin Republicans has demonstrated the Don'tAsk, Don't Tell Act, on its face, violates the constitutional rights of itsmembers. Plaintiff is entitled to the relief sought in its First AmendedComplaint: a judicial declaration to that effect and a permanent injunctionbarring further enforcement of the Act.
Case 2:04-cv-08425-VAP-E Document 232 Filed 09/09/10 Page 2 of 86 Page ID #:6692