United States First Circuit

In an action brought by former United States military members who were separated from service challenging the constitutionality of the "Don't Ask, Don't Tell" Act, judgment concluding plaintiffs' claims failed as a matter of law and dismissing plaintiffs' complaint with prejudice is affirmed where: 1) plaintiffs' substantive due process challenges failed as judicial intrusion is unwarranted when Congress has articulated a substantial government interest for a law and the challenges in question implicated that interest; 2) plaintiff's equal protection claims were properly rejected, as homosexuals are not a suspect class and the legitimate interests advanced by Congress were rationally served by the Act; and 3) plaintiff's First Amendment claims were properly dismissed, as the Act is justified on a content-neutral non-speech basis, specifically, maintaining the military's effectiveness as a fighting force.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, CAMPBELL, Senior Circuit Judge and SARIS , District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stuart F. Delery, with whom Benjamin C. Mizer, Julian Davis Mortenson, Wilmer Cutler Pickering Hale and Dorr LLP, Sharra E. Greer, Kathi S. Westcott, Sharon E. Debbage Alexander, Aaron D. Tax, and Servicemembers Legal Defense Network were on brief, for appellants., James E. Pietrangelo, II, pro se., Tobias Barrington Wolff, on brief for amici curiae Akhil Reed Amar, C. Edwin Baker, Erwin Chemerinsky, Owen M. Fiss, Pamela S. Karlan, Andrew Koppelman, Kathleen M. Sullivan, and Laurence H. Tribe, on brief for amici curiae Constitutional Law Professors., Virginia A. Seitz, Eamon P. Joyce, and Sidley Austin LLP, on brief for amicus curiae Retired Military Officers, Leslie M. Hill, Robert Weiner, Christopher Anderson, and Arnold & Porter LLP, on brief for amici curiae Law Professors., Rose A. Saxe, Matthew A. Coles, Kenneth Y. Choe, and Sarah Wunsch, on brief for amicus curiae American Civil Liberties Union and American Civil Liberties Union of Massachusetts., Patricia M. Logue and Bonnie Scott Jones, on brief for amicus curiae Lambda Legal Defense and Education Fund, Inc., John E. Bies, D. Jean Veta, and Covington & Burling, on brief for amicus curiae of American Sociological Association and Social Science Professors., Steven W. Fitschen and Barry C. Hodge, on brief for amicus curiae of the National Legal Foundation., Gary D. Buseck, Mary L. Bonauto, Gay & Lesbian Advocates & Defenders, William M. Hohengarten, Luke C. Platzer, and Jenner & Block LLP, on brief for amicus curiae Gay & Lesbian Advocates & Defenders.


• For Appellees:
  
• Gregory G. Katsas, Principal Deputy Associate Attorney General with whom Michael J. Sullivan, United States Attorney, Peter D. Keisler, Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, Anthony J. Steinmeyer, Assistant Director Appellate Staff, Civil Division and Mark T. Quinlivan, Assistant United States Attorney were on brief, for appellees.