Log Cabin Republicans v. United States of America et al
Filing 250
AMENDED & FINAL MEMORANDUM AND OPINION by Judge Virginia A. Phillips: Throughout the consideration and resolution of this controversy, the Court has kept well in mind the overriding principle that "judicial deference to such congressional exercise of authority is at its apogee when legislative action under the congressional authority to raise and support armies and make rules and regulations for their governance is challenged." Rostker, 453 U.S. at 70. Nevertheless, as the Supreme Court held in Rostker, "deference does not mean abdication." Id. at 67, 70. Plaintiff has demonstrated it is entitled to the relief sought on behalf of its members, a judicial declaration that the Don't Ask, Don't Tell Act violates the Fifth and First Amendments, and a permanent injunction barring its enforcement. (am)
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