'Don't Ask, Don't Tell' Rule for Gays in the Military Is Unconstitutional

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.¿