'Don't Ask, Don't Tell' Rule for Gays in the Military Is Unconstitutional: Opinion of a Federal Judge in CaliforniaDIANE Publishing, 2011 - 86 עמודים This is a print on demand edition of a hard to find publication. Opinion by Judge Virginia Phillips, U.S. Dist. Court, Central Dist. of CA, on Log Cabin Repub. (LCR), Plaintiff, v. U.S. and Robert Gates, Sec. of Def., Defend. LCR attacks the constitutionality of the statute known as the "Don't Ask, Don't Tell (DADT)", and its implementing reg¿s. Plaintiff's contends the Act violates its members' rights to due process guaranteed by the 5th Amend., and its members' rights of freedom of speech, guaranteed by the 1st Amend. Judge Phillips strikes down the ¿DADT' rule. ¿In order to justify the encroachment on these rights, defendants faced the burden of showing the 'DADT' act was necessary to significantly further the government¿s interests in military readiness and unit cohesion. Defendants failed to meet that burden.¿ |
מונחים וביטויים נפוצים
9th Cir Act's Air Base Air Force Almy was relieved Almy's Amended Complaint Amendment challenge April 28 Armed Forces Army basic training Captain Liggett Chaplowski Character Reference Letter citations omitted citing combat commanding officer content-based Court found Defendants demonstrating deployed deployment discharge proceedings Doe's Don't Tell Act e-mail engage in homosexual enlisted evidence facial challenge Fact & Law furthers the Government's gay and lesbian Government's interest heterosexual Holmes homosexual acts homosexual conduct honorary membership interest in military Iraq July 15 July 20 Kopfstein Lawrence Lawrence Korb lawsuit LCR's national legislative history Log Cabin Republicans Major Almy military readiness mission moral waiver Navy O'Brien opined Plaintiff Policy Powell Ramstein Air Base readiness or unit recruiting regulations RFA Resp servicemembers discharged serving sexual orientation significantly furthers statute substantive due process task cohesion Tell Act testimony Toussaint Trial Ex Trial Tr troops USS Shiloh violated Vossler Witt