LOG CABIN REPUBLICANS v. U.S.

Nos. 10-56634, 10-56813.

658 F.3d 1162 (2011)

LOG CABIN REPUBLICANS, a non-profit corporation, Plaintiff-Appellee, v. UNITED STATES of America; Leon Panetta, Secretary of Defense, in his official capacity, Defendants-Appellants. Log Cabin Republicans, a non-profit corporation, Plaintiff-Appellant, v. United States of America; Leon Panetta, Secretary of Defense, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2011.


Attorney(s) appearing for the Case

Henry C. Whitaker , Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., argued the cause and filed the briefs for the defendants-appellants/defendants-appellees. With him on the briefs were Tony West , Assistant Attorney General, André Birotte Jr. , United States Attorney, and Anthony J. Steinmeyer and August E. Flentje , Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.

Dan Woods , White & Case LLP, Los Angeles, CA, argued the cause and filed a brief for the plaintiff-appellee/plaintiff-appellant. With him on the brief was Earle Miller , Aaron A. Kahn , and Devon A. Myers , White & Case LLP, Los Angeles, CA.

PER CURIAM Opinion; Concurrence by Judge O'SCANNLAIN.


OPINION

PER CURIAM:

We are called upon to decide whether the congressionally enacted "Don't Ask, Don't Tell" policy respecting homosexual conduct in the military is unconstitutional on its face.

I

A

In 1993, Congress enacted the policy widely known as Don't Ask, Don't Tell. The policy generally required that a service member be separated from the military if he had engaged or attempted...

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