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Reflections on the "Don't Ask, Don't Tell" Case
Daniel J. Woods

For the past six years, the Firm has been representing, on a pro bono basis, the Log Cabin Republicans in a challenge to the constitutionality of the military's "Don't Ask, Don't Tell" policy. I led a team of White & Case lawyers who tried the case in July 2010 in federal court in Southern California, and, in September 2010, the court ruled in our favor, finding "Don't Ask, Don't Tell" unconstitutional on both due process and First Amendment grounds.

This victory was an unprecedented, historic outcome in what is one of the major civil rights issues of our day. Our client, our witnesses, including six former service members, and our team were thrilled with this result. We were proud to have played a role in making military service in our country available to all Americans who wish to conform to military standards and values, regardless of their sexual orientation.

Our victory at the trial was exciting for many reasons. We researched, analyzed, and argued successfully on complicated legal issues, we gathered and presented a mountain of evidence in support of our case, and we put it all together at trial in a persuasive manner. Delivering the closing argument at the conclusion of the trial will always be one of the highlights of my career as a lawyer.

All of our witnesses had incredible stories to tell, but one in particular, a major in the US Air Force, with 20 years of service, will always stay with me. After the Major completed his third deployment to Saudi Arabia, someone began using the same computer he had used while deployed; that person searched his private e-mail files without his knowledge or permission. The search included a folder with over 500 e-mails of correspondence with his friends and family members, including at least one message to a man discussing homosexual conduct. The Major only learned his private e-mail had been searched when he returned to Germany and his commanding officer confronted him with the messages, read him the Don't Ask, Don't Tell Act, and pressured him to admit he was homosexual. He declined. At the end of the meeting, he was relieved of his duties. The military then commenced discharge proceedings against him under "Don't Ask, Don't Tell." Members of his unit supported his retention and his commanding officer recommended that he be promoted but he was forced to resign. Our Air Force lost a patriotic, heroic officer as a result.

Besides the result in this case, and the correction of injustice that it should provide, our pro bono work in the case provided a number of other benefits. Our associates had the opportunity to play important roles in the case, including depositions and, for three mid-level associates, the opportunity to examine several witnesses at trial for the first time. Two associates have been asked to speak publicly about the case at law school and bar association events. The win may also help demonstrate our trial capabilities to clients; after all, if we can take on and defeat the government of the United States, we can win a case for any client. We also, of course, have received an overwhelming amount of positive feedback from members of the Bar and the public.

Perhaps most importantly, though, the case has in many ways energized and enthused the community of our lawyers and staff all over the world. In Los Angeles, I saw this when I began to see spouses and other family members of our lawyers attending the trial. Other offices also are enthused. From all corners of the Firm, I have been gratified by how closely people have followed the case and have been struck by how the case has united and bonded people from different offices, different practice groups, and different backgrounds. Over and over, they have told me how proud they are that "their" Firm took on and won this important case.

I have thought all along that challenging "Don't Ask, Don't Tell" was not a liberal/conservative or Democrat/Republican issue. Presidents from both parties have enforced it. I have kept in mind the old quote attributed to Barry Goldwater: "It doesn't matter if you're gay or straight as long as you can shoot straight."


"Our Lawyers Reflect" is a series or articles published on the White & Case pro bono website.