Labor & Employment Law

Don't Ask Don't Tell Act is unconstitutional and will be enjoined.

The case: Log Cabin Republicans v. United States (CD Calif 09/09/2010)

Log Cabin Republicans sued seeking a declaratory judgment and an injunction against enforcement of the federal military's Don't Ask Don't Tell Act, 10 USC § 654, and related regulations.

The US District Court for the Central District of California held that the Act violates the 1st and 5th amendments, and announced that a permanent injunction will issue.

The court held that

(1) the Act violates the 5th amendment because it does not significantly further the government's interests in military readiness or unit cohesion, and the Act is not necessary to advance the government's interests; and

(2) the Act violates the 1st amendment because, as a content-based regulation of speech, the Act "encompasses a vast range of speech, far greater than necessary to protect the Government's substantial interests."

Full post as published by Ross' Employment Law Blog on September 11, 2010 (boomark / email).