Log Cabin Republicans v. United States of America
Encyclopedia
Log Cabin Republicans v. United States is a federal lawsuit challenging the constitutionality
of 10 U.S.C. § 654, commonly known as don't ask, don't tell
(DADT), which excludes homosexuals from openly serving in the United States military. The Log Cabin Republicans
(LCR), an organization composed of lesbian, gay, bisexual, and transgender (LGBT
) Republicans
, brought the suit on behalf of LCR members who serve or served in the military and were subject to DADT.
LCR initially filed the suit, a facial challenge
to the statute, in 2004. A bench trial began on , 2010, before Judge Virginia A. Phillips
of the United States District Court for the Central District of California
. The Justice Department
had unsuccessfully sought to have the suit dismissed, arguing that as long as Congress
had a rational basis
for passing DADT in 1993, then it is constitutional. The Justice Department also asserted at trial that LCR did not have standing
to challenge the law. LCR argued that DADT violates constitutional guarantees of due process and free speech.
Phillips advised the parties pre-trial that she would not apply rational basis review
, the lowest level of constitutional scrutiny, to the case. Instead, in accordance with the ruling by the United States Court of Appeals for the Ninth Circuit
in Witt v. Department of the Air Force
, she would apply intermediate scrutiny
, meaning to be constitutional, DADT must significantly further an important governmental interest that can be advanced in no other way.
On September 9, 2010, Phillips ruled that the ban is unconstitutional. On October 12, Phillips issued an injunction banning the military from enforcing the policy. She subsequently denied the government's request for a stay of the injunction, and the government then took their request to the Ninth Circuit, which granted a stay. On November 12, the United States Supreme Court denied an application by the Log Cabin Republicans to vacate the stay. The Ninth Circuit vacated the stay on July 6, 2011, and ordered an end to enforcement of DADT. On September 29, 2011, the Ninth Circuit issued a per curiam
opinion that the legislative repeal of "don't ask, don't tell" had rendered the case moot
.
was the lead attorney for the plaintiffs. Assistant United States Attorney
Paul Freeborne defended DADT on behalf of the United States.
The government presented no witnesses.
Closing arguments were made on , 2010, with LCR attorney Woods asking for a national injunction
against enforcement of DADT.
and Fifth
Amendments to the United States Constitution. Noting the deference that courts are required to show the military in reviewing First Amendment claims, Phillips found that the "sweeping reach" of the restrictions placed on the speech of LGBT military personnel by DADT is "far broader than is reasonably necessary to protect the substantial government interest at stake". Phillips also found that DADT violates LGBT personnel's right of association, as it prohibits them from openly joining organizations like LCR for fear of reprisal, thereby depriving them of their ability to petition the government for redress of grievances. Phillips further ruled that DADT violates LGBT personnel's substantive due process
rights, as articulated in Lawrence v. Texas
, associated with the "'autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.'"
On October 12, 2010, Phillips issued a permanent worldwide injunction
ordering the military to immediately "suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under "don't ask, don't tell". Plaintiffs' attorney Woods said "the order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country."
One of the nation's largest organizations for gay and lesbian military personnel, the Servicemembers Legal Defense Network
, advised gay service members not to come out because of uncertainty about the government's response to the ruling. A Pentagon
spokesman said the Department would abide by the ruling, and senior military officials told military lawyers to stop enforcing DADT.
On October 14, 2010, the Department of Justice appealed from the judgment to the Ninth Circuit
. At the same time, the government asked for an emergency stay
of the injunction pending the outcome of the appellate process. On October 19, Phillips denied the government's request for a stay. On October 20, the government asked the Ninth Circuit for a stay, which the Ninth circuit granted. On November 5, the plaintiffs asked the Supreme Court
to vacate the 2-1 decision to keep the stay in place. Justice Kennedy
, who handles emergency motions from the Ninth Circuit, asked the government to respond by November 10. On November 12, the Supreme Court denied the application to vacate the stay.
With the injunction stayed, enforcement of DADT resumed, but under stricter guidelines.
On December 22, 2010, President Barack Obama
signed the Don't Ask, Don't Tell Repeal Act of 2010
. His signature began the repeal process but repeal was not immediate and DADT remained in effect. The Justice Department asked the Ninth Circuit to suspend LCR's suit in light of the legislative repeal. LCR opposed the request, noting that gay personnel were still subject to discharge. On January 28, 2011, the court denied the Justice Department's request. On February 25, the Department of Justice filed its response, in which it no longer defended the constitutionality of DADT but asked the court to consider how the repeal of DADT has placed the case "in a different posture" from when the judge granted an injunction on October 12, 2010.
On July 6, 2011, a three-judge panel of the U.S. Ninth Circuit Court of Appeals lifted the stay of Judge Phillips' ruling and ordered the military to cease enforcement of DADT. The Court cited the military's progress in implementing the repeal of DADT and the brief filed on July 1 by the Department of Justice in Golinski v. Office of Personnel Management arguing that classifications based on sexual orientation, as found in DADT, should be subjected to heightened scrutiny. Pentagon officials said that they are "taking immediate steps" to comply.
On September 29, 2011, the Ninth Circuit vacated the district court's decision, ruling that the legislative repeal of "don't ask, don't tell" rendered the case moot
. The dismissal left the lower court ruling without value as precedent
. On November 9, 2011, the Court denied LCR's motion to hear the case en banc
, stating that none of the judges voted to rehear it. LCR announced that it would not appeal to the United States Supreme Court.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
of 10 U.S.C. § 654, commonly known as don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
(DADT), which excludes homosexuals from openly serving in the United States military. The Log Cabin Republicans
Log Cabin Republicans
The Log Cabin Republicans is an organization that works within the Republican Party to advocate equal rights for all Americans, including gays and lesbians in the United States with state chapters and a national office in Washington, D.C...
(LCR), an organization composed of lesbian, gay, bisexual, and transgender (LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
) Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, brought the suit on behalf of LCR members who serve or served in the military and were subject to DADT.
LCR initially filed the suit, a facial challenge
Facial challenge
In the context of American jurisprudence, a facial challenge is a challenge to a statute in court, in which the plaintiff alleges that the legislation is always, and under all circumstances, unconstitutional, and therefore void...
to the statute, in 2004. A bench trial began on , 2010, before Judge Virginia A. Phillips
Virginia A. Phillips
Virginia A. Phillips is a judge of the United States District Court for the Central District of California.-Early life and education:...
of the United States District Court for the Central District of California
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
. The Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
had unsuccessfully sought to have the suit dismissed, arguing that as long as Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had a rational basis
Rational basis review
Rational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
for passing DADT in 1993, then it is constitutional. The Justice Department also asserted at trial that LCR did not have standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to challenge the law. LCR argued that DADT violates constitutional guarantees of due process and free speech.
Phillips advised the parties pre-trial that she would not apply rational basis review
Rational basis review
Rational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
, the lowest level of constitutional scrutiny, to the case. Instead, in accordance with the ruling by the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
in Witt v. Department of the Air Force
Witt v. Department of the Air Force
Witt v. Department of the Air Force, 527 F.3d 806 is a federal lawsuit challenging the constitutionality of , the now repealed law which excluded openly homosexual people from serving in the United States military, commonly known as Don't ask, don't tell . The United States Court of Appeals for...
, she would apply intermediate scrutiny
Intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review and strict scrutiny ....
, meaning to be constitutional, DADT must significantly further an important governmental interest that can be advanced in no other way.
On September 9, 2010, Phillips ruled that the ban is unconstitutional. On October 12, Phillips issued an injunction banning the military from enforcing the policy. She subsequently denied the government's request for a stay of the injunction, and the government then took their request to the Ninth Circuit, which granted a stay. On November 12, the United States Supreme Court denied an application by the Log Cabin Republicans to vacate the stay. The Ninth Circuit vacated the stay on July 6, 2011, and ordered an end to enforcement of DADT. On September 29, 2011, the Ninth Circuit issued a per curiam
Per curiam decision
In law, a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively and anonymously...
opinion that the legislative repeal of "don't ask, don't tell" had rendered the case moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
.
Attorneys
Daniel Woods of the law firm of White & CaseWhite & Case
White & Case was founded in New York in 1901 and has grown into one of the world's leading global law firms. The firm has since expanded, and has practice groups in emerging markets including Latin America, Central & Eastern Europe, Africa, the Middle East and Asia, as well as in Europe...
was the lead attorney for the plaintiffs. Assistant United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
Paul Freeborne defended DADT on behalf of the United States.
Proceedings
Witnesses for the plaintiffs included:- Nathaniel Frank, author of Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens AmericaUnfriendly FireUnfriendly Fire: How the Gay Ban Undermines the Military and Weakens America is an American 2009 political book by Nathaniel Frank that argues bans and restrictions on openly gay servicemen and women in the United States armed forces has weakened the military and national security...
. Frank testified about his research into the successful integration of openly gay personnel into the militaries of other countries; - Former petty officer 3rd class Joseph Christopher Rocha, a gay former sailor who was subjected to hazingUnited States Navy dog handler hazing scandalThe United States Navy dog handler hazing scandal refers to a pattern of misconduct engaged in by members of the United States Navy at Naval Support Activity Bahrain between 2004 and 2006. Naval investigators documented nearly 100 incidents of abuse committed against several members of a Military...
during his tenure with a Military Working Dog unit at Naval Support Activity BahrainNaval Support Activity BahrainNaval Support Activity Bahrain is a United States Navy base, situated in the Kingdom of Bahrain and is home to U.S. Naval Forces Central Command and United States Fifth Fleet. It is the primary base in the region for the naval and marine activities in support of Operation Enduring Freedom and...
and was discharged under DADT; - Aaron Belkin, director of the Palm Center, a think tankThink tankA think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...
studying sexual orientation and gender issues in the military; - Mike Almy, a former United States Air ForceUnited States Air ForceThe United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
officer discharged after another service member searched his private emails without permission; - Former United States ArmyUnited States ArmyThe United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
interrogator and founder of Servicemembers UnitedServicemembers UnitedServicemembers United is an LGBT-interest organization dedicated to the repeal of the United States armed forces' gay-exclusionary policy, commonly known as "don't ask, don't tell". The organization, formerly known as "Call to Duty", formed in 2005 by veterans....
Alexander Nicholson; - Professor Alan Okros of the Canadian Forces CollegeCanadian Forces CollegeThe Canadian Forces College is a military school for senior and general officers of the Canadian Forces. The college provides military education courses meant to enable officers to effectively provide leadership within the Canadian Forces. Additionally, the Non-Commissioned Members Profession...
in TorontoTorontoToronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
, who testified about the Canadian experience with ending its gay-exclusionary military policy; - Former Staff Sergeant Anthony Loverde, a seven-year Air ForceUnited States Air ForceThe United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
veteran who testified that unit cohesion and morale improved with his unit's knowledge that he was "a little different".
The government presented no witnesses.
Closing arguments were made on , 2010, with LCR attorney Woods asking for a national injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against enforcement of DADT.
Rulings
On September 9, 2010, Judge Phillips ruled in favor of plaintiffs, finding that DADT violates the FirstFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
Amendments to the United States Constitution. Noting the deference that courts are required to show the military in reviewing First Amendment claims, Phillips found that the "sweeping reach" of the restrictions placed on the speech of LGBT military personnel by DADT is "far broader than is reasonably necessary to protect the substantial government interest at stake". Phillips also found that DADT violates LGBT personnel's right of association, as it prohibits them from openly joining organizations like LCR for fear of reprisal, thereby depriving them of their ability to petition the government for redress of grievances. Phillips further ruled that DADT violates LGBT personnel's substantive due process
Substantive due process
Substantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority...
rights, as articulated in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
, associated with the "'autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.'"
On October 12, 2010, Phillips issued a permanent worldwide injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
ordering the military to immediately "suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under "don't ask, don't tell". Plaintiffs' attorney Woods said "the order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country."
One of the nation's largest organizations for gay and lesbian military personnel, the Servicemembers Legal Defense Network
Servicemembers Legal Defense Network
The Servicemembers Legal Defense Network is a non-profit legal services, watchdog, and policy organization founded in the United States in 1993. It is dedicated to ending discrimination and harassment of gay and lesbian U.S. military personnel negatively affected by the "Don't ask, don't tell"...
, advised gay service members not to come out because of uncertainty about the government's response to the ruling. A Pentagon
The Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...
spokesman said the Department would abide by the ruling, and senior military officials told military lawyers to stop enforcing DADT.
On October 14, 2010, the Department of Justice appealed from the judgment to the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. At the same time, the government asked for an emergency stay
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
of the injunction pending the outcome of the appellate process. On October 19, Phillips denied the government's request for a stay. On October 20, the government asked the Ninth Circuit for a stay, which the Ninth circuit granted. On November 5, the plaintiffs asked the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
to vacate the 2-1 decision to keep the stay in place. Justice Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, who handles emergency motions from the Ninth Circuit, asked the government to respond by November 10. On November 12, the Supreme Court denied the application to vacate the stay.
With the injunction stayed, enforcement of DADT resumed, but under stricter guidelines.
On December 22, 2010, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
signed the Don't Ask, Don't Tell Repeal Act of 2010
Don't Ask, Don't Tell Repeal Act of 2010
The Don't Ask, Don't Tell Repeal Act of 2010 is a landmark federal statute that establishes a legal process for ending the Don't ask, don't tell policy , which since 1993 prevented openly gay and lesbian people from serving in the United States Armed Forces.The Act did not immediately repeal the...
. His signature began the repeal process but repeal was not immediate and DADT remained in effect. The Justice Department asked the Ninth Circuit to suspend LCR's suit in light of the legislative repeal. LCR opposed the request, noting that gay personnel were still subject to discharge. On January 28, 2011, the court denied the Justice Department's request. On February 25, the Department of Justice filed its response, in which it no longer defended the constitutionality of DADT but asked the court to consider how the repeal of DADT has placed the case "in a different posture" from when the judge granted an injunction on October 12, 2010.
On July 6, 2011, a three-judge panel of the U.S. Ninth Circuit Court of Appeals lifted the stay of Judge Phillips' ruling and ordered the military to cease enforcement of DADT. The Court cited the military's progress in implementing the repeal of DADT and the brief filed on July 1 by the Department of Justice in Golinski v. Office of Personnel Management arguing that classifications based on sexual orientation, as found in DADT, should be subjected to heightened scrutiny. Pentagon officials said that they are "taking immediate steps" to comply.
On September 29, 2011, the Ninth Circuit vacated the district court's decision, ruling that the legislative repeal of "don't ask, don't tell" rendered the case moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
. The dismissal left the lower court ruling without value as precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. On November 9, 2011, the Court denied LCR's motion to hear the case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, stating that none of the judges voted to rehear it. LCR announced that it would not appeal to the United States Supreme Court.