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Log Cabin Republicans v. United States
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Log Cabin Republicans v. United States : ウィキペディア英語版
Log Cabin Republicans v. United States

''Log Cabin Republicans v. United States'' was a federal lawsuit challenging the constitutionality of 10 U.S.C. § 654, commonly known as don't ask, don't tell (DADT), which excludes homosexuals from openly serving in the United States military. The Log Cabin Republicans (LCR), an organization composed of lesbian, gay, bisexual, and transgender (LGBT) Republicans, brought the suit on behalf of LCR members who serve or served in the military and were subject to DADT.
LCR initially filed the suit, a facial challenge to the statute, in 2004. A bench trial began on , 2010, before Judge Virginia A. Phillips of the United States District Court for the Central District of California. The Justice Department had unsuccessfully sought to have the suit dismissed, arguing that as long as Congress had a rational basis for passing DADT in 1993, then it is constitutional. The Justice Department also asserted at trial that LCR did not have standing to challenge the law. LCR argued that DADT violates constitutional guarantees of due process and free speech.
Phillips advised the parties pre-trial that she would not apply rational basis review, the lowest level of constitutional scrutiny, to the case. Instead, in accordance with the ruling by the United States Court of Appeals for the Ninth Circuit in ''Witt v. Department of the Air Force'', she would apply intermediate scrutiny, meaning to be constitutional, DADT must significantly further an important governmental interest that can be advanced in no other way.
On September 9, 2010, Phillips ruled that the ban is unconstitutional. On October 12, Phillips issued an injunction banning the military from enforcing the policy. She subsequently denied the government's request for a stay of the injunction, and the government then took their request to the Ninth Circuit, which granted a stay. On November 12, the United States Supreme Court denied an application by the Log Cabin Republicans to vacate the stay. The Ninth Circuit vacated the stay on July 6, 2011, and ordered an end to enforcement of DADT. On September 29, 2011, the Ninth Circuit issued a ''per curiam'' opinion that the legislative repeal of "don't ask, don't tell" had rendered the case moot.
==Attorneys==
Daniel Woods of the law firm of White & Case was the lead attorney for the plaintiffs. Assistant United States Attorney Paul Freeborne defended DADT on behalf of the United States.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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