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Log Cabin Republicans v. USA (Proposed Judgment)

Log Cabin Republicans v. USA (Proposed Judgment)

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Published by: hefflinger on Sep 16, 2010
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09/23/2010

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LOSANGELES 879022 (2K)
JUDGMENT [PROPOSED]
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
LOG CABIN REPUBLICANS, a non-profit corporation,Plaintiff,v.UNITED STATES OF AMERICA andROBERT M. GATES, SECRETARYOF DEFENSE, in his official capacity,Defendants.Case No. CV 04-8425 VAP (Ex)
[PROPOSED] JUDGMENT ANDPERMANENT INJUNCTION
Judge: Hon. Virginia A. PhillipsComplaint filed: October 12, 2004Trial Date: July 13, 2010
Case 2:04-cv-08425-VAP-E Document 233 Filed 09/16/10 Page 1 of 3 Page ID #:6777
 
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LOSANGELES 879022 (2K)
JUDGMENT[PROPOSED]
This action was tried by Judge Virginia A. Phillips without a jury on July 13-16 and 20-23, 2010. The Court filed a Memorandum Opinion on September 9,2010 (Doc. 232), and Findings of Fact and Conclusions of Law. For all the reasonsset forth therein:IT IS ORDERED that the statute and policy known as “Don’t Ask, Don’tTell,” codified at 10 U.S.C. § 654 and implemented by regulations comprisingDepartment of Defense Directives 1332.14 (1993), 1332.30 (1997), and 1304.26(1993), as modified by Department of Defense Instructions 1332.14 (2008)(incorporating March 29, 2010 changes) and 1332.30 (2008) (incorporating March29, 2010 changes), are declared to infringe the fundamental rights of United Statesservicemembers and prospective servicemembers and violate (a) the substantivedue process rights guaranteed under the Fifth Amendment to the United StatesConstitution and (b) the rights to freedom of speech and association and to petitionthe Government for redress of grievances guaranteed by the First Amendment tothe United States Constitution.IT IS FURTHER ORDERED that the defendants the United States of America and the Secretary of Defense, their agents, servants, officers, employees,and attorneys, and all persons acting in participation or concert with them or undertheir direction or command, are permanently enjoined from enforcing or applyingthe statute and policy known as “Don’t Ask, Don’t Tell,” including anyimplementing regulations, against any person under their jurisdiction or command,and from taking any actions whatsoever, or permitting any person or entity to takeany action whatsoever, against gay or lesbian servicemembers, or prospectiveservicemembers, that in any way affects, impedes, interferes with, or influencestheir military status, advancement, evaluation, duty assignment, duty location,promotion, enlistment or reenlistment based upon their sexual orientation; and theyare further ORDERED to immediately suspend and discontinue any investigation,or discharge, separation, or other proceeding, that may have been commenced
Case 2:04-cv-08425-VAP-E Document 233 Filed 09/16/10 Page 2 of 3 Page ID #:6778

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