Log Cabin Republicans v. United States
Filed in 2004, Log Cabin Republicans v. United States of America declared 'Don't Ask, Don't Tell' to be an unconstitutional violation of the 1st and 5th Amendments. Unlike prior cases, which found that the law could be unconstitutional applied to particular servicemembers, Log Cabin brought a facial challenge to the law. As a result, in October 2010 federal court Judge Virginia Phillips instituted a world-wide injunction against enforcement of the policy. President Obama's Department of Justice soon obtained a stay of the injunction awaiting appeal.
In July 2011, the 9th Circuit Court of Appeals lifted the stay on Judge Philips' injunction, citing the Justice Department's inability to meet the legal standard needed to justify the stay on the ruling. Formal arguments for the appeal are set to be heard August 29, 2011.
One of the injured parties and Log Cabin Republicans members named in the case, Alexander Nicholson, is a former U.S. Army Human Intelligence Collector who is fluent in multiple languages, including Arabic, and who was discharged under the 'Don't Ask, Don't Tell' law just six months after 9/11. Another injured party in the case, listed simply as ‘John Doe,’ currently serves in the armed forces and would face a discharge if his identity were revealed.
Donate to the Defending Freedom Legal Fund to support Log Cabin's continued legal strategy to end 'Don't Ask, Don't Tell.'
Resources & Recent News
Press Release: Servicemembers Deserve Clarity From Obama on "Don't Ask, Don't Tell"
Press Release: Log Cabin Republicans Victorious at 9th Circuit; Injunction Against DADT Reinstated
Headline: 'Don't Ask, Don't Tell is Dead' - Washington Blade
US 9th Circuit Court of Appeals - Log Cabin Republicans v. USA
Department of Defense - Statement on Injunction - "We will of course comply with orders of the court."
Department of Defense - Repeal Updates
Army - Repeal Updates
Air Force - Repeal Updates
Important Documents
Order Reinstating Worldwide Injunction 7/06/2011
The decision of the 9th Circuit Court of Appeals to lift the stay on the worldwide injunction handed down from Judge Virginia Philips. Announced July 6, 2011.
The Decision: Log Cabin Republicans v. USA
The decision, announced Sept. 9, 2010, finding DADT unconstitutional
The Injunction
Injunction granted by Judge Virginia Phillips after her ruling in Log Cabin Republicans v. USA. The injunction was later stayed by the 9th Circuit. Latest: The stay was lifted by the 9th circuit and the injunction is in effect again, halting enforcement of DADT.
Log Cabin Republicans v. USA Ruling FAQ
A brief summary of Judge Phillips's ruling in Log Cabin Republicans v. USA
Side-by-Side Comparison
A single-page summary of Log Cabin Republicans v. USA at trial
F.A.Q.
Answers to frequently asked questions regarding the lawsuit, its history and strategy
Motions in the Case
Discover the crucial motions made pertaining to the case and review personal Declarations from contributing supporters.
Transcripts & Statements
Transcripts and statements made in Log Cabin Republicans v. USA
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