Don't Ask, Don't Tell Suit Going to Trial
June 28, 2010, National Law Journal
In a major victory for White & Case client, the Log Cabin Republicans, a federal judge refused the US government’s request to dismiss the group's lawsuit challenging the constitutionality of the Don't Ask, Don't Tell (DADT) policy governing homosexuals in the military. As a result, a landmark bench trial will proceed as planned, beginning on July 13.
“[The US Government] was saying Congress had reason to pass the statute, and that’s all that mattered,” said Dan Woods, a partner in the Los Angeles office of White & Case who is representing Log Cabin Republicans in this case. Woods said that US District Judge Virginia Phillips, who sits in Riverside, CA, “didn’t go for that.”
Judge Phillips ruled for Log Cabin Republicans on the standard of review that should be applied in the case, Woods added. Log Cabin Republicans argued that the government should be required to show, based on the US Court of Appeals for the 9th Circuit's 2008 decision in Witt v. Dep't of the Air Force, that there is "an important government interest at stake to intrude on the personal and private lives of homosexuals," Woods said. "It's a much harder one for the government to prove."