(...continued)which they were offered, i.e., Doe's state of mind with respect to whether theAct chilled his speech and ability to petition the government for a redress ofgrievances. See Fed. R. Evid. 803(3).
To the extent any of the Findings of Fact should more properly beconsidered Conclusions of Law, they shall be deemed as such.
Having considered all the evidence presented by the parties, as well as theargument and briefing by counsel, the Court makes the following Findings ofFact and Conclusions of Law
pursuant to Federal Rule of Civil Procedure 52.
FINDINGS OF FACT
1.Plaintiff Log Cabin Republicans ("Log Cabin," "LCR," or "Plaintiff") is anon-profit corporation founded in 1977 and organized under the laws ofthe District of Columbia. (Trial Exs. 109 [Bylaws], 110 [Articles ofIncorporation].)2.Plaintiff's mission includes "assist[ing] in the development andenactment of policies affecting the gay and lesbian community . . . by[the] federal government. . . and advocat[ing] and support[ing] . . .activities or initiatives which (i) provide equal rights under law topersons who are gay or lesbian, [and] (ii) promote nondiscriminationagainst or harassment of persons who are gay or lesbian . . . ." (TrialEx. 109 [Mission Statement, attached as Ex. A to Bylaws].) The reliefsought here, i.e., the ability of homosexual servicemembers to serveopenly in the United States Armed Forces through repeal of the Don'tAsk, Don't Tell Act, relates to both aspects of Log Cabin's mission.3.Plaintiff filed its Complaint on October 12, 2004. (Doc. No. 1.) It filed aFirst Amended Complaint ("FAC") on April 28, 2006. (Doc. No. 25.)
Case 2:04-cv-08425-VAP-E Document 251 Filed 10/12/10 Page 2 of 84 Page ID #:7704