Professional Documents
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 LOG CABIN REPUBLICANS, a ) Case No. CV 04-08425-VAP
non-profit corporation, ) (Ex)
12 )
Plaintiff, ) [Motion filed on March 29,
13 ) 2010]
v. )
14 ) ORDER DENYING DEFENDANTS'
UNITED STATES OF AMERICA ) MOTION FOR SUMMARY JUDGMENT
15 and ROBERT M. GATES, )
SECRETARY OF DEFENSE, in )
16 his official capacity, )
)
17 Defendants. )
________________________ )
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19 Log Cabin Republicans ("Plaintiff" or "LCR"), a non-
20 profit corporation whose membership includes current,
21 retired, and former members of the U.S. armed forces who
22 are homosexual, challenges as "restrictive, punitive, . .
23 . discriminatory," and unconstitutional the "Don't Ask
24 Don't Tell" policy ("DADT Policy") of Defendants United
25 States of America and Robert M. Gates ("Defendants"),
26 including both the statute codified at 10 U.S.C. section
27 654 and the implementing instructions appearing at
28 Department of Defense Instructions ("DoDI"
Case 2:04-cv-08425-VAP-E Document 212 Filed 07/06/10 Page 2 of 23 Page ID #:6491
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2 or "implementing instructions") 1332.14, 1332.30, and
3 1304.26. Defendants now move for entry of summary
4 judgment.
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6 I. BACKGROUND
7 The Court's May 27, 2010 Order recites the statutory
8 and regulatory scheme comprising the DADT Policy, as well
9 as the procedural history of this Motion.
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11 Defendants' Motion for Summary Judgment ("Motion"),
12 filed March 29, 2010, challenged Plaintiff's standing to
13 bring this action and also attacked the merits of
14 Plaintiff's claims. After a timely Opposition and Reply
15 were filed,1 each side filed supplemental briefing
16 addressing the question of Plaintiff's standing.
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18 On May 27, 2010, the Court issued its Order Denying
19 in Part Defendants' Motion to the extent it challenged
20 Plaintiff's standing to bring this action. The Court
21 granted the parties "leave to file supplemental briefs
22 for the sole purpose of discussing application of the
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26 Defendants also filed objections to the evidence
submitted by Plaintiff in opposition to the Motion. For
27 the reasons set forth below, the Court does not rely on
this evidence in deciding the Motion, and thus need not
28 address Defendants' objections.
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Case 2:04-cv-08425-VAP-E Document 212 Filed 07/06/10 Page 3 of 23 Page ID #:6492