CV 04-08425-VAP (Ex)LOG CABIN REPUBLICANS, a non-profit corporation v. UNITED STATES OF AMERICA and DONALD H. RUMSFELD, SECRETARY OFDEFENSE, in his official capacityMINUTE ORDER of March 15, 2012
("the Act" or "Don't Ask, Don't Tell"), 10 U.S.C. § 654,
violated the First and FifthAmendments to the United States Constitution.
(Doc. No. 232.) Plaintiff, anonprofit corporation whose membership includes current, retired, and formerhomosexual members of the U.S. armed forces, challenged as "restrictive, punitive, .. . discriminatory," and unconstitutional the Don't Ask, Don't Tell policy of DefendantsUnited States of America and Robert M. Gates ("Defendants"), including both thestatute codified at 10 U.S.C. § 654 and the implementing Department of Defenseregulations. (See First Am. Compl. ("FAC") (Doc. No. 25).)
On October 12, 2010, the Court ruled that Plaintiff was entitled to a permanentinjunction, having established at trial that the Don't Ask, Don't Tell Act irreparablyinjured servicemembers by infringing their fundamental rights and violating (a) thesubstantive due process rights guaranteed under the Fifth Amendment to the UnitedStates Constitution, and (b) the rights to freedom of speech and to petition theGovernment for redress of grievances guaranteed by the First Amendment to theUnited States Constitution. (See Oct. 12, 2010, Order ("Oct. 12 Order") (Doc. No.249) at 3; Am. Mem. Op. (Doc. No. 250) at 85.) The Court found there was noadequate remedy at law to prevent the continued violation of servicemembers' rightsor to compensate them for violation of their rights, and therefore granted Plaintiff's
Codified in statute at 10 U.S.C. § 654 and implemented by regulationscomprising Department of Defense Directives 1332.14 (1993), 1332.30 (1997), and1304.26 (1993), as modified by Department of Defense Instructions 1332.14 (2008)(incorporating March 29, 2010, changes) and 1332.30 (2008) (incorporating March29, 2010, changes), and repealed (September 20, 2011, by the Don't Ask, Don't TellRepeal Act of 2011, Pub. L. No. 111-321, 124 Stat. 3515 (2010)).
The Court issued its Amended & Final Memorandum Opinion on October 12,2010, finding Plaintiff had established standing to bring and maintain the suit onbehalf of its members, had demonstrated the Don't Ask, Don't Tell Act violated theconstitutional rights of its members, and therefore had demonstrated it was entitledto a permanent injunction barring further enforcement of the Act. (Am. Mem. Op.(Doc. No. 250) at 1.)MINUTES FORM 11Initials of Deputy Clerk __md__ CIVIL -- GENPage 2
Case 2:04-cv-08425-VAP-E Document 334 Filed 03/15/12 Page 2 of 23 Page ID #:9407