Log Cabin Republicans v. United States of America et al

Filing 252

JUDGMENT AND PERMANENT INJUNCTION filed by Judge Virginia A. Phillips (MD JS-6. Case Terminated) (am)

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Log Cabin Republicans v. United States of America et al Doc. 252 Case 2:04-cv-08425-VAP-E Document 252 Filed 10/12/10 Page 1 of 3 Page ID #:7787 1 2 3 4 5 6 7 8 9 10 11 LOG CABIN REPUBLICANS, a ) non-profit corporation, ) 12 ) Plaintiff, ) 13 ) v. ) 14 ) UNITED STATES OF AMERICA ) 15 and ROBERT M. GATES, ) SECRETARY OF DEFENSE, in ) 16 his official capacity, ) ) 17 Defendants. ) ________________________ ) 18 ) 19 20 21 22 23 24 25 26 27 28 Case No. CV 04-08425-VAP (Ex) JUDGMENT AND PERMANENT INJUNCTION UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JS-6 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: This action was tried by Judge Virginia A. Phillips without a jury on July 13-16 and 20-23, 2010. The Court filed a Memorandum Opinion on September 9, 2010 (Doc. 232), and an Amended & Final Memorandum Opinion, and Findings of Fact and Conclusions of Law, on October 8, 2010. For all the reasons set forth therein, the Court: Dockets.Justia.com Case 2:04-cv-08425-VAP-E Document 252 Filed 10/12/10 Page 2 of 3 Page ID #:7788 1 (1) DECLARES that the act known as "Don't Ask, Don't Tell"1 infringes 2 the fundamental rights of United States servicemembers and prospective 3 servicemembers and violates (a) the substantive due process rights 4 guaranteed under the Fifth Amendment to the United States Constitution, and 5 (b) the rights to freedom of speech and to petition the Government for redress 6 of grievances guaranteed by the First Amendment to the United States 7 Constitution. 8 9 (2) PERMANENTLY ENJOINS Defendants United States of America 10 and the Secretary of Defense, their agents, servants, officers, employees, 11 and attorneys, and all persons acting in participation or concert with them or 12 under their direction or command, from enforcing or applying the "Don't Ask, 13 Don't Tell" Act and implementing regulations, against any person under their 14 jurisdiction or command; 15 16 (3) ORDERS Defendants United States of America and the Secretary of 17 Defense immediately to suspend and discontinue any investigation, or 18 discharge, separation, or other proceeding, that may have been commenced 19 under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. 654 or its 20 implementing regulations, on or prior to the date of this Judgment. 21 22 (4) GRANTS Plaintiff Log Cabin Republicans' request to apply for 23 attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 24 2412; and 25 Codified in statute at 10 U.S.C. 654 and implemented by regulations comprising Department of Defense Directives 1332.14 (1993), 1332.30 27 (1997), and 1304.26 (1993), as modified by Department of Defense Instructions 1332.14 (2008) (incorporating March 29, 2010 changes) and 28 1332.30 (2008) (incorporating March 29, 2010 changes). 26 1 2 Case 2:04-cv-08425-VAP-E Document 252 Filed 10/12/10 Page 3 of 3 Page ID #:7789 1 2 4 5 6 7 8 Dated: October 12, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 (5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion 3 for costs of suit, to the extent allowed by law. IT IS SO ORDERED. VIRGINIA A. PHILLIPS United States District Judge