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HOLMES v. CALIFORNIA NAT. GUARD

Nos. A083451, A085180.

109 Cal.Rptr.2d 154 (2001)

90 Cal.App.4th 297

Andrew HOLMES et al., Plaintiffs and Respondents, v. CALIFORNIA NATIONAL GUARD et al., Defendants and Appellants. Andrew Holmes, Plaintiff and Appellant, v. California National Guard et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

Review Denied October 17, 2001.

Attorney(s) appearing for the Case

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Todd E. Thompson, San Francisco, Anne-Marie Eileraas, Elizabeth W. Scott, Sherri A. Sokeland and Kimberly A. Bliss, San Francisco, for Plaintiffs and Respondents in Case No. A083451 and for Plaintiff and Appellant in Case No. A085180.

Munger, Tolles & Olson, Jerome C. Roth, San Francisco, Hoojoon Hwang and John L. Flynn, Santa Ana, for Bay Area Lawyers for Individual Freedom as Amicus Curiae on behalf of Plaintiffs and Respondents in Case No. A083451.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Martin H. Milas and David S. Chaney, Senior Assistant Attorneys General, Damon M. Connolly and Miguel A. Neri, Supervising Deputy Attorneys General, Kim M. Settles and Denis S. Kenny, Deputy Attorneys General, for Defendants and Appellants in Case No. A083451 and for Defendants and Respondents in Case No. A085180.

Certified for Partial Publication.*

McGUINESS, P.J.

These consolidated appeals arise from a potential conflict between the equal protection and free speech guarantees of the California Constitution and the constraints imposed by preemptive federal law with respect to the policy based on sexual orientation known as "Don't Ask, Don't Tell" (the Policy), as applied to individuals on or eligible for state active duty in the California...

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