White & Case LLP - News - White & Case Wins Federal Court Ruling Declaring "Don't Ask, Don't Tell" Unconstitutional

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White & Case Wins Federal Court Ruling Declaring "Don't Ask, Don't Tell" Unconstitutional
Seeks court injunction to ban US government from enforcing the policy

Los Angeles, September 20, 2010 ... Global law firm White & Case LLP successfully represented the Log Cabin Republicans in its five-year legal challenge to repeal the US government's "Don't Ask, Don't Tell" policy prohibiting gays and lesbians from openly serving in the military.

Judge Virginia A. Phillips of the US District Court for the Central District of California ruled in Log Cabin Republicans v. the United States of America that Don't Ask, Don't Tell violates both the First and Fifth Amendments guaranteeing the rights to free speech and due process.

"In order to justify the encroachment on these rights, defendants faced the burden at trial of showing the ‘don't ask, don't tell' act was necessary to significantly further the government's important interests in military readiness and unit cohesion," wrote Judge Phillips in her 85-page opinion handed down Sept. 9. "Defendants failed to meet that burden."

"We are delighted with the court's decision, as it will change the lives of many individuals who only want to serve their country bravely," said Dan Woods, White & Case partner who is handling the case pro bono for Log Cabin Republicans. "It will be interesting to see whether President Obama decides to appeal this case to stay the judge's injunction barring enforcement of the policy. If an appeal is made, we will vigorously oppose it, as a stay of the injunction would mean gays and lesbians would be denied their constitutional rights while they are fighting and dying for our country."

The Don't Ask, Don't Tell statute was signed into law by President Bill Clinton in 1993. Since then, the Pentagon has conducted several studies at the direction of numerous Secretaries of Defense and has not found justification for barring service by gay and lesbian Americans. On Feb. 2, 2010, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Admiral Michael Mullen, both Republican appointees, testified before the Senate Armed Services Committee in support of repeal. A repeal-inclusive National Defense Authorization Act of 2011 was passed in a bipartisan vote in the Senate Armed Services Committee on May 27 and by a bipartisan vote in the House of Representatives on May 28. A date for a vote on this legislation in the Senate has been set for the week of Sept. 20.

"As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane Don't Ask, Don't Tell statute violates the Constitution. The ruling is not just a win for Log Cabin Republican servicemembers, but all American servicemembers," said R. Clarke Cooper, Executive Director, Log Cabin Republicans & Liberty Education Forum. "We call upon Senator Reid to stop playing parochial politics which could delay repeal of the failed Don't Ask, Don't Tell policy. Servicemembers can no longer wait; it is time for the Obama Justice Department to drop its defense of this unconstitutional law."

Following Judge Phillips's decision, White & Case filed for injunction on behalf of Log Cabin Republicans to permanently and immediately ban US defense agencies from enforcing Don't Ask, Don't Tell. The US Department of Justice has seven days to respond to the proposed injunction, which was filed Sept. 16.

Serving as lead attorney on the matter is Woods, with support from partner Fernando Aenlle-Rocha, counsel Earle Miller and associates Rachel Feldman, Patrick Hagan, Lauren Fujiu, Aaron Kahn, Devon Myers and Melanie Scott.

About White & Case
White & Case LLP is a leading global law firm with lawyers in 36 offices in 25 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, arbitration and litigation provided by our global practices.

Contacts:
Nicholas Clarke
Regional Media Relations Manager – Americas
White & Case LLP
+ 1 212 819 7808

Francine Minadeo
Media Relations Manager
White & Case LLP
+ 1 646 885 2218

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Expertise Commercial Litigation Pro Bono Lawyers Daniel J. Woods Fernando L. Aenlle-Rocha Rachel Jari Feldman Lauren Fujiu Aaron A. Kahn Earle Miller Locations Los Angeles	White & Case Wins Federal Court Ruling Declaring "Don't Ask, Don't Tell" Unconstitutional Seeks court injunction to ban US government from enforcing the policy Los Angeles, September 20, 2010 ... Global law firm White & Case LLP successfully represented the Log Cabin Republicans in its five-year legal challenge to repeal the US government's "Don't Ask, Don't Tell" policy prohibiting gays and lesbians from openly serving in the military. Judge Virginia A. Phillips of the US District Court for the Central District of California ruled in Log Cabin Republicans v. the United States of America that Don't Ask, Don't Tell violates both the First and Fifth Amendments guaranteeing the rights to free speech and due process. "In order to justify the encroachment on these rights, defendants faced the burden at trial of showing the ‘don't ask, don't tell' act was necessary to significantly further the government's important interests in military readiness and unit cohesion," wrote Judge Phillips in her 85-page opinion handed down Sept. 9. "Defendants failed to meet that burden." "We are delighted with the court's decision, as it will change the lives of many individuals who only want to serve their country bravely," said Dan Woods, White & Case partner who is handling the case pro bono for Log Cabin Republicans. "It will be interesting to see whether President Obama decides to appeal this case to stay the judge's injunction barring enforcement of the policy. If an appeal is made, we will vigorously oppose it, as a stay of the injunction would mean gays and lesbians would be denied their constitutional rights while they are fighting and dying for our country." The Don't Ask, Don't Tell statute was signed into law by President Bill Clinton in 1993. Since then, the Pentagon has conducted several studies at the direction of numerous Secretaries of Defense and has not found justification for barring service by gay and lesbian Americans. On Feb. 2, 2010, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Admiral Michael Mullen, both Republican appointees, testified before the Senate Armed Services Committee in support of repeal. A repeal-inclusive National Defense Authorization Act of 2011 was passed in a bipartisan vote in the Senate Armed Services Committee on May 27 and by a bipartisan vote in the House of Representatives on May 28. A date for a vote on this legislation in the Senate has been set for the week of Sept. 20. "As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane Don't Ask, Don't Tell statute violates the Constitution. The ruling is not just a win for Log Cabin Republican servicemembers, but all American servicemembers," said R. Clarke Cooper, Executive Director, Log Cabin Republicans & Liberty Education Forum. "We call upon Senator Reid to stop playing parochial politics which could delay repeal of the failed Don't Ask, Don't Tell policy. Servicemembers can no longer wait; it is time for the Obama Justice Department to drop its defense of this unconstitutional law." Following Judge Phillips's decision, White & Case filed for injunction on behalf of Log Cabin Republicans to permanently and immediately ban US defense agencies from enforcing Don't Ask, Don't Tell. The US Department of Justice has seven days to respond to the proposed injunction, which was filed Sept. 16. Serving as lead attorney on the matter is Woods, with support from partner Fernando Aenlle-Rocha, counsel Earle Miller and associates Rachel Feldman, Patrick Hagan, Lauren Fujiu, Aaron Kahn, Devon Myers and Melanie Scott. About White & Case White & Case LLP is a leading global law firm with lawyers in 36 offices in 25 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, arbitration and litigation provided by our global practices. Contacts: Nicholas Clarke Regional Media Relations Manager – Americas White & Case LLP + 1 212 819 7808 Francine Minadeo Media Relations Manager White & Case LLP + 1 646 885 2218