11-05-06 FOIA Request On The USODJ and Response in Re - Log Cabin Republicans V USA Et Al (2-04-Cv-08425) in The US District Court, Central District of California S

Human Rights Alert
PO Box 526, La Verne, CA 91750

Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert
11-05-06 FOIA Request and response in re: Log Cabin Republicans v USA et al (2:04-cv-
08425) in the US District Court, Central District of California
The response was substandard, yet it provided the definitive evidence of simulated litigation an invalid
summons record, and invalid authentication records (NEFs) for the 2010 Judge Phillips judgment and for the
Notice of Appeal.
Attached:
# Record Page #
1 11-02-12 FOIA Request in Log Cabin Republicans v USA 3
2 11-05-06 FOIA Response in Log Cabin Republicans v USA 5
Request v Response:
# Request Records Response Records Page #
A. NEFs (Notices of Electronic Filing)
1. October 12, 2004, Dkt #unknown - Initial summons as issued by clerk, and as served on the US None -
2. October 12, 2004?, Dkt # unknown Assignment Order to US Judge George Schiavelli None -
3. December 13, 2004, Dkt #5 Minutes by Judge Schiavelli

None -
4. March 21, 2006, Dkt #024 - Order granting Motion to Dismiss by Judge George Schiavelli None -
5. April 28, 2006?, Dkt # unknown - Summons on First Amended Complaint as issued by clerk and as
served on the US
None -
6. November 27, 2006, Dkt #034 Minutes by Judge Schiavelli None -
7. May 23, 2008, Dkt #052 Minutes by Judge Schiavelli None -
8. May 23, 2008?, Dkt #unknown Order Staying Action None -
9. July 29, 2008, Dkt #064 - US Court of Appeals, 9
th
Circuit Order None -
10. October 08, 2008, Dkt #065 - Order by Chief Judge Alicemarie H. Stotler transferring case to Judge
Virginia Phillips
None -
11. November 06, 2008, Dkt #067 - US Court of Appeals, 9
th
Circuit Order dismissing the appeal for lack
of jurisdiction
None -
12. December 01, 2008, Dkt #069 - US Court of Appeals, 9
th
Circuit Mandate dismissing the appeal None -
13. Date unknown, Dkt # unknown - Referral Order to US Magistrate Charles F. Eick None -
14. March 01, 2010, Dkt #111- ORDER by Magistrate Charles F. Eick in re: Discovery Yes invalid, missing the
Electronic Document
Stamp
52
15. October 12, 2010 Dkt #252 - Judgment and Permanent Injunction published in the name of
"Transferee Judge" Virginia Phillips;
Yes invalid, missing the
Electronic Document
Stamp
53
16. October 20, 2010, Dkt #274 - US Court of Appeals, 9th Circuit Order re: Notice of Appeal Yes invalid, missing the
Electronic Document
Stamp
55
B. Other Court File Records
1. October 12, 2004, Dkt #unknown - Initial summons as issued by clerk, and as served on the US Yes - invalid, missing seal
of the court
7
2. October 12, 2004?, Dkt # unknown Assignment Order to US Judge George Schiavelli None -
3. April 28, 2006?, Dkt # unknown - Summons on First Amended Complaint as issued by clerk and as
served on the US
None -
4. Date unknown, Dkt # unknown - Referral Order to US Magistrate Charles F. Eick Yes invalid, unsigned 13

Regarding the FOIA Response:
The response does not indicate, which records are provided in response on which requests.
The bulk of the response includes records, which were never requested (Notice of Interested Parties,
multiple copies of the Summons, Civil Cover Sheet, the Complaint and Attachments).
Digitally signed
by Joseph Zernik
DN: cn=Joseph
Zernik, o, ou,
email=jz12345@
earthlink.net,
c=US
Date: 2012.03.11
02:17:02 +02'00'
z Page 2/2 March 11, 2012

Regarding the Records:
The complaint was not verified, and included no statement authenticating the attachments. Therefore, it
should have been deemed insufficient pleading.
All five records, which were responsive on the request were invalid, simulated records:
- The summons is missing the Seal of the Court, required by US law.
- The NEFs are missing the Electronic Document Stamp, required by General Order 08-02 of
the US District Court, Central District of California.

See also:
[1] 11-02-09 Press Release: Dont Ask, Dont Tell the US Court of Appeals, 9th Circuit Insists on Conducting a
Simulated Appeal from a Simulated Judgment of the US District Court
http://www.scribd.com/doc/49070315/
[2] 12-03-10 Reply in Re - FOIA Response on Log Cabin Republicans v USA et al (2:04-cv-08425) in the US
District Court, Central District of California
[3] 12-03-10 Log Cabin Republicans - Protecting Civil Rights Through Bankers' Fraud on the Court

Human Rights Alert
PO Box 526, La Verne, CA 91750
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert
11-02-12 FOIA Request in re: Log Cabin Republicans v USA et al (2:04-cv-08425) in the US
District Court, Central District of California

FOIA/PA Mail Referral Unit
Department of Justice
Room 115, LOC Building
Washington, DC 20530-0001
(301) 583-7354
(301) 341-0772 fax
Attorney Jim Kovakas
By email: Jim.Kovakas@usdoj.gov

Dear Attorney Kovadas and Mail Referral Unit, US DOJ:
Please accept instant request for records pursuant to the Freedom of Information Act, pertaining to litigation of
Log Cabin Republicans v USA et al (2:04-cv-08425) in the US District Court, Central District of California:
A. NEFs (Notices of Electronic Filing)
1) October 12, 2004, Dkt #unknown - Initial summons as issued by clerk, and as served on the US
2) October 12, 2004?, Dkt # unknown Assignment Order to US Judge George Schiavelli
3) 12/13/2004, Dkt #5 Minutes by Judge Schiavelli
4) March 21, 2006, Dkt #024 - Order granting Motion to Dismiss by Judge George Schiavelli
5) April 28, 2006?, Dkt # unknown - Summons on First Amended Complaint as issued by clerk and as served on the
US
6) November 27, 2006, Dkt #034 Minutes by Judge Schiavelli
7) May 23, 2008, Dkt #052 Minutes by Judge Schiavelli
8) May 23, 2008?, Dkt #unknown Order Staying Action
9) July 29, 2008, Dkt #064 - US Court of Appeals, 9
th
Circuit Order
10) October 08, 2008, Dkt #065 - Order by Chief Judge Alicemarie H. Stotler transferring case to Judge Virginia Phillips
11) November 06, 2008, Dkt #067 - US Court of Appeals, 9
th
Circuit Order dismissing the appeal for lack of jurisdiction
12) December 01, 2008, Dkt #069 - US Court of Appeals, 9
th
Circuit Mandate dismissing the appeal
13) Date unknown, Dkt # unknown - Referral Order to US Magistrate Charles F. Eick
14) March 01, 2010, Dkt #111- ORDER by Magistrate Charles F. Eick in re: Discovery
15) October 12, 2010 Dkt #252 - Judgment and Permanent Injunction published in the name of "Transferee Judge"
Virginia Phillips;
16) October 20, 2010, Dkt #274 - US Court of Appeals, 9th Circuit Order re: Notice of Appeal

B. Other Court File Records
1) October 12, 2004, Dkt #unknown - Initial summons as issued by clerk, and as served on the US
2) October 12, 2004?, Dkt # unknown Assignment Order to US Judge George Schiavelli
3) April 28, 2006?, Dkt # unknown - Summons on First Amended Complaint as issued by clerk and as served on the
US
4) Date unknown, Dkt # unknown - Referral Order to US Magistrate Charles F. Eick

In case there are charges involved, please let me know ASAP by email ( at <jz12345@earthlink.net>), or by
US Mail (at 2231 South Court, Palo alto, Ca 94301) the cost of the requested copies, so that I may
immediately forward payment to your office.
I request to accept the records by email (as PDF files or other email transmitted records), or by mail to the
mailing address above, in case it is impossible to transmit the records by email.
z Page 2/2 February 12, 2011
Attached is my certification of identity, signed under penalty of perjury.
Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)

CC:
1) US Senate - Committee on the Judiciary
JMK.:jmk#145-FOI-l 0477
Joseph Zernik
2231 South Court
Palo Alto, CA 94301
Dear Mr. Zernik:
u.s. Department of Justice
Civil Division
Washington. D.C. 20530
May 6,2011
This is in response to your November 2,2010 Freedom of Information Act (FOIA) request for records
NEFs and other court records relating to the litigation of Log Cabin Republicans v. United States America, et
at. Your request was addressed to the FOIAIPA Mail Referral Unit, Department of Justice (DOJ) and was
received in my office on February 11, 2011.
In response to your request I conducted a search of the Civil Division's CASES automated case file
index. That search identified a single reference to the case and the attorneys who handled the case. Your
request was referred those Civil Division attorneys for identification and production of any records responsive
to your request.
Forty-nine pages of responsive records were located. Pursuant to my review under the FOIA, 5
U.S.c. 552, I determined that the records are not exempt from disclosure and may be released. Copies of all
responsive records located in response to your request in the Civil Division are herewith enclosed.
By email you advised me that you agreed to be bound for fees to process your request up to $80.00 for
each of the several requests you filed with my office. The charge for processing this request is $80.00. Please
remit your check in that amount, payable to the U.S. Treasury, to my office at; U.S. department of Justice,
Civil Division, c/o James Kovakas, Room 7304,20 Massachusetts Avenue, N.W., Washington, D.C. 20530.
If you are dissatisfied with my action on your request, you have a right to appeal to the Director,
Office of Information Policy (OIP), United States Department of Justice, 1425 New York Avenue, NW, Suite
11050, Washington, DC 20530-0001. See 28 CFR 16.9 (2008). Please note that your appeal must be
received by OIP within sixty calendar days of the date of this letter or it will be untimely.
Thereafter, judicial review would be available in the U.S. District Court in the district in which you
reside or have your principal place of business or in which the agency records are situated or in the United
States District Court for the District of Columbia.
Sincerely,
Attorney In Charge
FOI/PA Unit, Civil Division,
enclosures:
10/13104 13:46 FAl u. S. ATIORNEY LA
------' .
14I 002
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... J='4'1
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LOG CABIN REPUBLICANS, a non-profit
corporation,
1
SUMMONS IN A CIVIL CASE
v.
UNITED 'STATES OF liMERICA and DONAIJ:: H.
RUMSFELD, Secretary of in his
official capacity
____ _TO: R;QIl1l! and eddretl& orOefendanO
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YOU ARE'HEREBY.sUMMONED andreqUln -td-to-se"-" on {1\81Jle :. ..L-..
Dan Woods, Esc;[ - " '--.,...-'-
C. Martin Meekins, Esq_
White Case LLP
633 West Fifth Street, Suite
Los Angeles, California
...-...... -._... ,--: ... .._---- ---,
OR
er that you serve on the parties to thi
t,' .'
"...- .....
lnil
e after service.
u.s. Attn"'"
OCT 1220l1f. "

Chief Assistant
'Chief-C"lIIl1 Ow. I
,
Chief-Crim. Div.
Div.
i Fori
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Chief, Civil Frauds '
Admin. Officer
., Deht Coli. Unit
'I l)ocl19t-Civil
f)(\cket'Griminal

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\G\ NAL
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ClERK
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-----+-ff--f-+++--*i--v--f--'i';)
(By) DEPU1Y CLERK U
.,.......
an answer to the complaint which is serYed on you v'ith' this summons, within 60 days after
service. of this summons on you, exclusivEI of the cay of service. If you fan to do so, JUdgment by default will'l;le taken
against you for the relief demanded in the complai It. Any ansW
filed with the Clerk of this Court within a reElsonable :>eriod 01 tim
141003
( .
13:46 FAX 10/13/04
_____]U. ATTORNEY LA
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" . . . .. ::-:,
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AO 4<0 ...., 0101\ "nm;on Jes District Court
.. . cenJ;lstrict of California
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LOG CABIN REPUBLICANS, a
corporation, I
SUMMONS IN A CIVIL CASE
v.
UNITED STA'I'ES OF AMERIO\ and DONALD H.
RUMSFELD, Secretary of nefense, in his
official
CASE NUMBER: -
" ()!() Gfs{e;)
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YOll ARE: .sUMMONED and requin dto serVe on PLAINTIFF'S ATTORNEY" (name and address)
,
1
3
,

Dan Woods, Esq. .
C. Martin Meekins, Esq.
White Case LLP
633 West Fifth Street, Suite 1900
Los Angeles, California
oR\G\NAL
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DAlE
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an answer to the complaint which is served on you v this summons, within 60 days after'
service, of this summons on you. eXclusive of the ay of service. If you fail to do so. judgment by default will be taken
against you fur the relief demanded in the complal ,t Arly answer that you serve on the parties to tnis action must be
med with the Clerk of this Court within a reclsonable Jerlod of time after service.
OCr 1220iU
10/13/04 13:47 FAX u. S. AITORNEY LA
----T--'
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I4J 004
Attomeys_for Plaintiff '
LOG CABIN REPUBLICANS'
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& CASE I d: ::
DAN WOODS (State Bar N '. 7
C. MARTIN MEEKINS (8 No. 226371)
. 633 West Fifth. Street, SUlte .
Los Angeles, California 9001' .- 007
Telephone: (213) 620-7700 II
Facsimile: (213) 687..0758
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LOG CABINREPUBLICANS, a non-
profit corporation, , ,
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E'laintifI,
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UNITED STATES OF AMElUCA and
DONALD H. RUMSFELD
SECRETARY OF DEFENSE, in bis
official capacity,
I )etendants.
CONFIRMATION
COpy
NOTICE OF INTERESTED PARTIES
10/13/04 13:47 FAX U.S. ATTORNEY LA
------,----------- -' --;j--'--"

Log Cabin Repl.lLblicarul:t Plaintiff;
United States ofAmeli ca, Defendant; and
,
I
Donald H. Rumsfelct ecretary ofDefense, in his
official capacity, Defel Ldant
The coutLIe: :of record for Log Cabin Republicans, certifies
the following listed parties ve a pecuniary interest in the outcome of this
case. These representations made to enable the Court to evaluate possible
disqualification or reousaI. ;1
I
'/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
."
Date4: October 12, 2004
-2-
WHITE & CASE LLP
By: en-
c. Martin Meekins
Counsel for PlaintiffLog Cabin
Republicans
NOTICE OF INTERESTED PARTIES
10/13/04 13:47 FAX u. S. ATIORNEY LA
______....-1-
14I 006
I
(b) CaInI)' of Rll$ldenal or FImUwId PIa1IWII (EIIlllPlln u.s. PI;)inli!fc.sj: LOI
Angeles, Orange, Riverside
I (a)
LOG
UNITED foRT, CENTRAL DIsTRJCT"JF cf)oRNiA
I r' ,-- 'Il: SH:=EETL --------__
PLAINTIFFS Ii, DEFENDANTS ,
CABIN 'REPUBLICANS UNITED STATES OF AMER!CA and DONALD H.
RUMSFELD, SECRETARY OF DEFENSE, in his
official capacity
C<ltW Of llaslcklnal of FGllJsled DeIemlanL (In u.s, ,.18Ilillf Caess OrM:

Debra W. Yang
'United states Attorney, Central Diotrict
of California
1200 United States CourthouSe
312 Spring Street
Los Anqeles. CA 90012
o 1 u.s,
III. CITIZENSHIP OF PRINCIPAl. PARTIES Fer Oiverilty CalleG
(Place 8n X III """ lIMfor p181nUIt IIIId 0118 lor dlltllnClarL)
P'TI' DID' m uEf'
Citizen ofTl1la State 0 1 0 1 InCOlpOIlIlGd or Principal Piece 0... 04
of Busin811B in thiB Stale
o 2 lnc:orporaled and 0 5 Os
of Justness In Anolller Slate
II. BASIS OF JURJSDIC110N (Place an XIn OI1a '-..
Fllderal Quesflcm
(U.S, GOllerYlment Not g party)
IX) 2 u.s. GCMIIMI8nl Dsfendant D 4 DIveIsitY (llldice19 01izsnahip of
Parties in Illtm III) I
C1l1zen or Anolher Slate 0 2
C1l1mn or Subject of a 0 S
, Foreign Country
o 3 Foreign Nallon De 06
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[Xl 1 Original 0 2 Rel1lDV8d 1i'Dm' 0 3 Remanded frgm
SlamCotJtt Appellate C'.ourt
o 6 MulUoOlsll1ct .0 7 Appeal to Disirict
U1lgat:'on Judge from
Judge
V. REQUESTED IN COMPLAINT: JURY DENIAND: C) Yl!<6 [Xl tl (Check-vtlll' only If dem!ndad.1n COIrIlleInl.)
ClASS AeTlON under-F.R-C.P. 23: 0 v. 00 No 0, COMPl:AIt,f.f: $' . , .'.',
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VI. CAUSE OF ACTION lOIe u.s. ow WllIer'MllCll are lIIng and VIllIe alIr1afstalellWlt. of cause.. Del no! SIlrlu\ss..,ka&&dl-mllr.l
28
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, U,.S.C. aeetiO"'-s ,1346, 220L Compl, lint for :r:njunetive Relief and Declaratory
that 10 U.S.C. Section 654 vLolates United States Constitution
VII. NAnJRE OF SUTT{place an X In one box o,nly.}
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OTHERSTATUTES CONTRACT
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TORTS TOIUS PRISONERPET1TIONS LABOf\
o 400Slaie o 110 InBIlI1IIIC8
P:RSONAL INJURY PERSONAL PROPERlY
D S10Modo'" 10
. 0710FairLabor .
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D"10 o 9TOOther Fl'lIud
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StandarlMAct
D 410 Anlltrust
o 1$0 MIller Act
1$,llJrplane o 37'1 Tl\lth In LflntJIng Senlllnce
o 720LaborlJlQrnl.
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, LlBbilily
o :lDOother Personal
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a 140 Negoliable In$lMl1eflt
o zo Libel &
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450 Ctlmmer='lCC R.le:IIetl:.
0150 Rec:oV8lY of
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o 105 Contract Product Uability

o 620 9ther Food &
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D 893 EIlI/lronmenllll Mlllters f\EALPROPERTY
D .: a2 Injury- o 442 Employment
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o l394 EnerwAlIoc:aUon' Acl
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o 895 of Information
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o 444 W9Ifaro
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o 900APpGal af Fee Oetenntna..
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o 290 All Olnsr Roal !>ropgI'ty
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ActiOns D 8900lher o 1171 IRS party
I
VlII(a). IDENTICAL CASES: Has this action been previous/) "filed and dismissed, remanded or closed? lXJ No 0 Yes
lfyes, list ease number(s):
10/13/04 13:47 FAX
_.
u. S. ATTORNEY LA

II ':
I4J 007
, .,. II
.", NAME.. ADDlU!SS &; TELEPHONENl.JMI39, OF ATrOR.NE"l'(S) FOR, OR.. W
ORt>sPENDANl' IF 0&tlJS:ll1lNDANI' IS PRO PBll. II
'I
Dan Woods, Esq. ,
c. Martin Meekins, Esq.
White & Case
633 West Fifth street, Suite :L900
Los 'Angeles, CA 90071
620-7700
AT1'Oll.l'lEYSJ:OIt: Plaintiff Log Cabin
Republir:lans
UNITED SII ATES DISTlUCT COURT
CENTRAL D':S'rRICf OF CALIFORNIA
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LOG CABrN REPUBLICANS, a nonwprofit
r:lorporation,
UNITED STATES OF AMERICA and I:lONALtJ R.
RUMSFELD, SECRETARY OF in lis
official capacity, Definda!u<S)
CERTIFICATIONAND NOTICE
OF INTERESTED PARTIES
(Local Rule 7.1-1)

.P1%lntfjf(s), 1---------------------
v.
TO: TIm COURTAND ALL PARTIES APPM Ira OF RECORD:
The: undersigned" counsel of record for ----+--1'--------.;.,-------------:.-
(or party appearing in pro per), certifies ths.t the fo,; a mg listed party (or has (have) a direct, pecUniary interest
in the outcome of this case. These represe:n,ta.tio Ire :made to enable the Cotr:t to evaluate possible disqualification or .
rccusal. (Use additional sheet ifnecessllIY.) , .
,
PARTY I
I
(List the names of all such P Il1:i
LOG CABIN REPUBLICANS
lJNITED STATES OF AMERICA
DONALD H. ROMSFELD, SECRETARY OP
DEFENSE, in his official capa.::it:.y
CONNECTION
md idClltifytheir ConnectiOIl and interest.)
l'LAl:NTIFF
DEFENDANT
DEFENDAN'T
October 12, 2004
Date Sign
c. Martin Esq.
Attorney ofrecord for or party appearing in pro per
Plaintiff Log Cabin Republicans
IF lNTERESTED PARTIES (c=: )) ,
CV-30 (17.103)
10/13/04 13:48 FAX
.-
__ S. ATTORNEY LA
II
14I 008
UNITED DISTRICT COuaT
CENTRAL OF CALIFORNIA
I .
OF ASSIGNMENT TO JUt)GE FOR DISCOYnY
Pursuant to the Local Rules Gtovemin Duties of Magistrate Judges, the following
Magistrate Judge has been t J hear discovery motions for this case at the
discretion of the assigned District Judge
(Ex)
U Paul L Abrams
U Robert N. Slack
U RosalYn M. Chapman
(Xl Charies Sci<.
U Paul Game
U Marc Goldman
U stephen J. Hillman
UJeffrey W. Johnson
U Victor B. Kenton
U stephen G. Larson
UJennifer T. Lum
U James W. McMahon
U Margaret A. Nagle
U Arthur
U Fernando M. Olguin
U Suzanne H. Segal
U Carolyn Turchin
I
liJ Patrick J. Walsh
I
LJ A. J. WIstrich
U Carla Woehrle
URalph zaretsky
I
I
Upon the filing of a discovery motion) :he motion will be presented to the United States
District Judge for consIderation and mal r ttl,ereafter be referred to the Magistrate JUdge for
hearing and determination. The, ate Judge's initials should be used on all
documents filed with the COurt SIO that Fse number reads as follows:
CV04 8425 j:!.s (Ex)
: I
__
N( iTICE TO COUNSEL.
A copyof tl1i$ notIce must be served with Ihe summms andcomplaint on all defendants (if a removal ac60n i$
flied, a copy of1his notice must be served on all pIal 1tffl's).
Subsequent documents must be filed at the folloWln) location:
[Xl Westem Division
312 N. Spring St., Rm. G-8
Los Angeles, CA90012
LI Soutlillm Division U Eastern DivisIon
411 Wi 1st Fourth St, Rm.10053 3470 Twelfth St., Rm.134
Santa CA RIverside, CA92501
Failure to file at the proper IocaUon wih result in your doci.Jl nents being relumed to you.
CV-16 (08102) NOTICE OF ASSIGNMENT TO UNITED s'rATES MAGISTRATE JUDGE FOR DISCOVERY
lU/lJ/04 13:48 FAX
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u. S. ATIORNEY LA l4I009
UNITED STATES DISTRICT COURT
CEN1RilL DISTRICT OF CALIFORNIA
Plaintiff LOG CABIN e'Plaintiff') as follows:
NAa 'URE OF THIS ACTION
1. 'This action for del ;laratory and injunctive relief challenges the
constitutionality of the "Don't Ask, Don't Tell, Don't Pursue" policy,
codified as federal law in Title 10', Section 654 of the United States Code, entitled
''Policy Concerning Homosexuality in the Anned Forces" (the "Policy"), and in the

Cl.!flK U.i ..
OCT I 22004 \
. '1
pr<::rl'lICT Of' II':< .'""!. I .
''!l't ..
... -....-..-
COMPI.:AINT FORDECI,..ARATORY
ruDGNLENT AND INJUNCTIVE
RELIEF FORVIOLATIONS OF THE
UNITED STATES CONSTITuTION
Defendants..
YS.
UNITED STATES OF and
DONALD H. RUMSFELD, .
SECRETARY OF in his
official capacity,
LOG CABIN anon-
profit COIporation,
Plaintiff,
. 4"\11 b. ,.r-
y .. - ,I>
) Case No.
)
)
)
)
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}
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, ; 'l
wmTE & CASE LLP :j . .
DAN WOODS (State Bar No.! '78' 38)
C. MARTIN MEEKINS (State Blr No. 226371)
SAYEMA J. HAMEED BIf No. 223193)
633 West Fifth Suite
Los Angeles, CA 90071-2007!
Telephone: 213-620-7700 I
Facsimile: 213-687-0758
Attorneys for Plaintiff
Log Cabin Republicans
. . " .
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COMPLAINT FOR DECLAAATORY
JUDGMENT AND INJUNCTIVE REI1EF FOR
CONFl RMATI0N VIOLATIONS OF THE UNITED STATES
COPY CONSTITIJTION
I4J 010
__ LA
I ofDefense regulfif' anq directives under Policy (the
2 "DOD Regulations)'). 1he Po' .ie;1y and DOD Regulations VIolate three mdepcndent
3 .and fundamental protections fftroed to all Ameriems by the United States.
4 Constitution: (1) the right to 10 nvacy under the Due Process Clause ofthe Fifth
5 Amendment; (2) the freedom' I)fspeech guaranteed by the First and (3)
6 the right to equal o::the laws under the Fifth Amendment.
7 2. Previous constitutional cballenges to the Policy and DOD Regulations .'
8 failed. These ever, were brought under the rubric ofBowers v.
9 Hardwick, 478 U.S. 186 (198
1
), which upheld the govenunental crimimuization of
10 homosexual conduct. Accordingly, previous courts applied a rational basis standard
11 in reviewing the constitutionality of the Policy and the DOD Regulations. Previous
12 challenges also were by the then-existing judicial deference accorded to
13 Congress with respect to miIl, ary activity and
14 3. However, recent decisions by the United States Supreme Court have
15 developed the constitutional rights ofgay and lesbian .Aui1ericans and changed the
16 constitutional standard to be applied to the Policy and the DOD
17 Regulations. These developmen,ts reqUire an reconsideration of
18 the Policy and the DOD RegJ.lations under the United States Constitution.
19 4. First, in Romer,. Evans, 517 U.S. 620 (1996), the Supreme Court held
20 that government-sponsored d: scririrination against gay and lesbian Americans could
21 not be justified solely by aniIllUS or'1norality." Second, in Lawrence v. Texas, 539
,
22 . U.S. 558 (2003), the Suprem(, Court expressly overruled Bowers and held that the
23 fundamental right to privacy :md liberties guaranteed to Americans under the"United
24 States Constitution includes t le right of and lesbian Americans to engage in
25 private, intimate without governmental interference. Third, in Hamdi
26 v. Rumsfeld, 124 S.Ct. 2633 1:2(04), the Supreme Court refused to grant the United
27 States government unfettered discretion to infiinge upon Americans' constitutional
28 due process rights, even thOSf: of "enemy combatants," and even during wartime.
10/13/04 13:48 FAX
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LOSANaELES (2K.)
-2-
COMPLAINTFOR DECLARATORY
JUDGMENT AND INJUNCTIVE RELIEF FOR
VIOLATIONS OF THE UNITED STATES
. CONSTIruTION
10/13/04 13:49 FA! U.S. ATTORNEY LA
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5. The Supreme lIt/deCisions and require
a reexamination ofthe l'easoDl1g employed mpnor decIsIons upholding the
constitutionality ofthe Policy mf Reguiations, and they a finding and
declaration by this Court that'1 Policy and the DODRegulations Vlolate the
United States Constitution.
6. Many ofPlaintiff's members are lesbian or gay members of the United
States Armed and eacll dfthese members has served the United States
bravely and honorab.ly for yea rs with distinction. The Policy and the DOD
Regulations impose upon Pla!i.J.tiffs members, and upon all gay and lesbian
members ofthe Armed Forcef" a punitive and discriminatory set ofrules
. .
in violation ofthe constitutior al rights 'of due process, freedom of speech and equal ..
protection. The Policy and Dt)D Regulations serve no legitimate government or
militaIy interest, let alone a c('mpelling government interest. Rather, the Policy and
DOD'Regulations are based s)lely on animus towards gay and lesbian members of
the United States Arme:d Forces.
7. Plaintiff's memb:rrs who serve inthe United States Anned Forces seek
to continue to serve their COWltry and to be judged on their actual abilities and
perfonnance, without fear ofinvestigation, discharge, stigma, forfeiture of
fundamental liberties, haraSSDletlt and other negative repercussions resulting from
enforcement of the diseriminEtory Policy and DOD Regulations. Therefore,
Plaintiff seeks a declaration fi om this Court that the Policy and DOD Regulations
violate the United States Coru:titution and seeks to enjoin enforc'ement of the Policy
and the DOD Regulations.
THEPARTJES
8. Plaintiff LOG ClffiIN" REPUBLICANS is a nonprofit corporation
organized under the laws of tlle District of Columbia. Having nearly sixty chapters
across the United States, the I,OG CABIN REPUBLICANS is the oldest and largest .
organization associated with the Republican Party that is dedicated to the interests of
LOShNGJ!l.llS (2K)
-3-

VIOLATIONS OF THE UNrrn.o STATES
CONSTITI1TION
10113104
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13:49 FAX .!!..:..LA'D'ORNEY LA 141012
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the gay and lesbian stands for, among other things, limited
individual liberty, free markets, and a strong national defense, as well
, "
as the belief that these principJeSI are consistent With due process and equal
protection oflaws' for gay The LOG CABIN
I
'REPUBLICANS supports poli tical candidates, policies and initiatives that provide
equal rights to all AmericansJ: ,romotes nondiscrimination against gay and lesbian
, .
persons and encourages partie pation in the Republican Party by gay and lesbian
Americans.
9. The membership of the LOG CABINREPUBLICANS includes gay
and lesbian Americans who se rved inthe United States Armed but who were
separated from the United Stal es Armed Forces because ofthe Policy. .
10. The membership of the LOG CABINREPUBLICANS includes gay
and lesbian members ofthe Unted States Armed Forces who currently serve in the
United States Anned F()rces a:1d thus are subject to the Policy and the DOD
Regulations. The LOG CABf REPUBLICANS' gay and lesbian members who
serve in the United States "Amled Forces desire the same right to communicate the
core of their emotions ide'ltity to others as granted to heterosexual members of
the United States Anned ..These members also desire the ability to exercise
their constitutionally protectecl right to engage in private, consensual homosexual
conduct without intervention:( Ifthe government.
11. The LOG CAB}}rREPUBLICANS' gay and lesbian members of
United States Anned FQTCeS that challenging the constitutionality of the Policy
and the I?OD and/or making'public their own names "in such an action,
will them to investigation and discharge pursuant to the statutes and
regulations at issue herein, anlL may subject them to other possible hann. Therefore,
PlaintiffLOG CABIN brings this action on behalf ofits gay and
lesbian members who serve in the United States Armed Forces.
LOShNG!il.ES 3S0t!S (2K)
-4-
COMPLAINT FOR DECLARATORY
VIOLA.nONS OF TI.:rE UNITED STATES
cONSTrrunoN
10/13/04 13:49 FAX
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u. S. ATTORNEY LA
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. 12. P1aintiffis and, on that basis, alleges that
defendant Secretary ofDefensI: DONALD H. in his official capacity,
I '
is charged with the implementlLti()n and enforcement ofall statutes and regulations
at "issue herein.
JUR[SDICTION AND VENUE .
13. Jurisdiction is prcper in this court pursuant to 28 U.S.C. 1331, 1346
and 2201.
14. Venueisproperb this judicial district pursuant to 28 U.S.C. 1391(e).
The facts supporting venue in this district include, but are not to, the
following: (1) Plaintiffhas in Los Angeles, Orange and Riverside counties;.
, .
(2) at least one ofPlaintiffs g:ly members who serves in the United States Armed
Forces resides within this distJicc; and (3) numerous United States Anned Forces
military installations, which hi Lve applied the Policy and separated gay and lesbian
Americans from the United States Armed are located in this district. The
United States Armed FI)rces military installations located in this district include:
Vandenberg Air Force Base Lompoc; Marine Corps Air Ground Combat
Center in Twentynine Palms;' Army National Training Center, ncar
Barstow; Naval Base Ventura County in Port Hueneme; Los Angeles Air Force
Base; and Edwards Air Force Base in Lancaster.
FACTUAL BACKGROUND
15. In 1981, the Department ofDefense formalized its policy of excluding
gays and lesbians from in the United States _A..rmed Forces by impI.ementing
'the revised Department De; ense Directive 1332.14, which mandated the
discharge of all known homos exuals from military service. Through this Directive,
the United States Armed stated for the first time that "[h]omosexuality is
incompatible with military selvice." Dept Defense Directive 1332.14 (1981).
16. On July 19, 1993
r
President Will.iam Jefferson Clinton announced the
Policy the se'rvice of gays and lesbians in the U.S. Arnled Forces. Under
3SO\1:1' (>K)
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COMPWUNTFORDECLARATORY
JUPGMENT AND INJUNCTIVE RELIEF FOR
VIOLAnONS OF THE UNITED STArES
CONSTITIJTlON
10/13/04 13:49 FAX

u. S. ATIORNEY LA
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the Policy, commanders and 0 ther' officials would not inquire into, and members of
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the military would not be requ ired to reveal, their sexual orientation. However, the
mere by a service rb erhber identifying himself or as gay or lesbian
, ,
would serve as a basis for disc harge. Congress enacted this Policy in the National
Defense Authorization Act of Fiscal Year 1994, which President Clinton signed into
. ,
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law on November 30: ]993. ?l.lf Policy is codified at 10 654. The Policy
authorized the Secretary ofD! to fonnulate regulations to implement the
Policy. 10 U.S.C. 654(b). :
17. On December 21, 1993, the Department ofDefense promulgated the
DOD Regulations implementing the Policy, as modified, which became effective on
. .
Febroary 28, 1994. DOl' Regulations are comprised ofDepartment ofDefense
Directives 1332.14, 1332.30 1304.26. True and correct copies of the relevant
portions ofthe DOD Regulations.are attached to this complaint as ExlnoitA, Band
C.
18. The Policy and the DOD Regulations together constitute the so-called
''Don't Ask, Don't Tell, Don't Pursue" policy, a body oflaw governing the
exclusion oflesbian anC:i gay J unericans. from service.in the United States Armed
Forces. The Policy and DOD Regulations require the discharge ofany lesbian or
, .
gay service member whose identity as such becomes lmown.
,
19. The Policy requi a member of the United States Armed Forces to be
separated from service. or tha t a potential member be denied membership in the
United States Anned Forces; fthe individual is found to have done anyone ofthe
following: (1) "engaged in, a'ttempted to engage in; or solicited another to engage in
a homosexual act"; (2) "stated that he or she is a homosexual or bisexual, or words
to that effect"; or (3) "marne<: or attempted to marry a person lmown to be ofthe
same biological sex." 10 U.S,C. 654(b)(1)-(3). The Policy authorizes the
Secretary of Defense to implement and enforce the Policy both as to active members
LOSANGallS 35012$ (2lQ
-6-
COMPLAINTFOR DEC1.A.RATORY
VIOLAnONS OF THEUNITED STATES
CONSTI11JTION
__1_0-:/1:...:..,:3/04 13: 50 FAX _. U. S. ATrORNEY LA
1 II and to membe:rs oft:h e tiled States Armed Forces.

10 U.S.C. 654(b)
III and (c).
3 II 20. The DOD provide that "[h]omosexual conduct is grounds
4 II for separation from the Militmy Dept. Directives 1332.14 at 26;
5 111332.30 at 2-1. ''Homosexual ccm.ducf' is defined broadly as a homosexual act, a
6 II statement by a service rnembe: demonsi:I'atitlg a propensity or intent to engage in
7 II homosexual acts, or homoseil tal marriage or attempted marriage. Dept.
8 IlDirectives at 68; at 1-1. A ''homosexual act" is also defined .
9 II broadly tomean "any bodily contact ... betweenmembers of the same sex for the
10 II purpose ofsatisfying se:xual d, $ires" or H any bodily contact that a reasonable
11 II would understand to demons11ate a propensity or intent to engage in" such acts. Id.
12 II Such "bodily contact" include; the holding ofhands and kissing. Dept. Defense
13 Directives 1332.14 at 68.
14 21. Under the DOD Regulations, investigations and discharge proceedings
1511 may be initiated ifthere is ereUble evidence that a member ofthe Forees has
16 II engaged in speech or behaviOl defined as ''homosexual conduct." A statement by a
17 II service member that he or she is homosexual creates a presumption that
18 II the officer engages in homose mal acts or has the propensity or intent to do so.
19 II Dept. Defense Directives at 27; 1332.30 at 2-2.
20 11 22. Once a finding is made that the member of the Anned Forces has
21 II engaged in speech defined as "homosexual conduct," that member will
22 II discharged unless or shE can prove.by a preponderance ofthe evidence that he
23 II or she does not' engage in or 11 :we a propensity 'or intent to engage in homosexual
24 II acts. Dept. Defense Directive; 1332.14 at 27,'30; 1332.30 at 2-2, 2-3. fu effect, that
25 II member must prove tlmt he Oir she is not gay or lesbian. As a result, that member
26 must deny oneself the ftmdarnental right to enter into an intimate relationship with
27 another person.
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UlSANG2I..I!S (:uq
",,7-
COMPLAINT fOR DECLARATORY
JUDGMENT AND INJUNCnvE RELIEF FOR
ViOLATlONS OF THE UNITED STATES
CONSTITUTl,ON
10/13/04 FAX
trained members of the Unite' States Armed Forces have been discharged pursuant
I
to the Policy and DOD Countless other service members have chosen
to leave militaiy fli1an be subjected to investigation and c;lischarge. In
addition, countless otheTpotetltiMmembers who otherwise would have joined the
United States Anned FI)l"ces did not and do not join because ofthe Policy.
24. The stated reasoD the Policy and DOD Regulations is that the
''presence in the armed ofpersons who demonstrate a or intent to
engage in homosexual acts w(uld create an Wlacceptable risk tQ the high standards
ofmorale, good order and and unit cohesion that are the essence of
military capability." 10 U.S.C: 654(a)(15).
,25. The stated reasor far the Policy and DOD Regulations is merely a
.pretext for animus towards gaf and lesbian members ofthe United States Armed
Forces. The evidence but is not limited to, the following:
a. Service rot :mbers in non-combat positions have been discharged
under the ,J 'olicy and DOD Regulations. Non-combat service
members have been discharged under the Policy include
medical rsonnel, military specialists and translators, including
37 linguist sat the Defense Language Institute discharged in 2002
and 2003.
b. The Policl has been applied more frequently in peace time than .
in periods :>fwar. For example, since the commencement of
Operation Enduring Freedomin Afghanistan in October 2001
,
and Opera' ion Iraqi Freedomin Iraq in March 2003, discharges
md gay members of the United States Anned Forces
have deere ased by 40%.
c. In both and Iraq, the U.S. military fights side by side
with coalit iOll forces from Great Britain, Australia and numerous
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_ _ __. u.s. ATTORNEY LA 141016
Since the enactniJJ ofthe Policy and DOD neady 10,000
J..OSAt<lGl1lJ!S '50125 (210
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VIOLATIONS OF THE UNITED S'fATES
CONSTITt.m.ON
10/13/04 13:50 FAX
-_. .,' .--
_______u. S. ATTORNEY LA
@017
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other coalif on member countries that allow lesbian and gay
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military mernbers to serve openly with members ofthe United
States Armt;d Forces.
d. Ineach yea:' fl.om 1994 through the the Policy and DOD
have disproportionately impacted W01;llen in the
Ann,ed FOF(:CS. In 2003, women constituted 15% o/the United
State:g Forces yer accounted for 33% of the service
members discharged under the Policy and DOD
e. Members 0 fthe United States Armed Forces also work closely
with personnel from the United States Central Intelligence
Agency, N"tional Security Agency and Federal, Bureau of
Investigaticn, all ofwhich probibit discrimination on the basis of
sexual oriel l'ta;tion.
Elimination ofth( Policy would strengthen the United States Armed
15 /I Forces.
16 II FIRST CLAIM FORI:ELIEF FORVIOLATION OF THE FIFTH
17 II AlVIENOOtlENT <RIGHT OF PRIVACYl
18 II 27. Plaintiff im;orpor: Ltes paragraphs 1 ,through 26 by reference as if set
19 II forth herein.
20 II 28. Plaintiff's gay an<llesbian members who serve in the United States
21 II Armed Forces have nal.liberties and a right to privacy under the Due
22 II Process Clause of the Fifth Al1lendment to the United States Constitution.
23 II 29. Gay and lesbian members' constitutional liberties and right to
24 II privacy under the Due Process Clause of the Fifth Alnendment encompass and
25 II protect intimate, consensual pi .ysical acts and relationships with persons ofthe same
26 "gender. Lawrence v. Texas, 5::9 U.S. ;558 (2003)..
27 II 30. The Policy and DOD Regulations violate gay and lesbian service
28 II members' constitutional liberties and right to privacy under the Due Process Clause
LOS",NGllU!S (:lJ:)
-9-
COMPWUNT FOR DECLARATORY
YTOLAnONS OF THE UNITED STATES
CONSTITUTION
___1_0/_1_3_1_0_4.__1_3_: 1 F;.;:AX=-__
u. S. ATIORNEY LA
, l4I018
1 II of the Fifth Amendment by authorizing the government to investigate their private,
2 \I consensual intimate relationsi, ips.,
3 II 31. The Policy and tl: e DO? Regulations further violate gay and lesbian
4 II service members' cons1itutionII :liberties and right to privacy under the Due Process
5 II Clause' of the Fifth Amendmel Lt by authorizing the government to discharge gays
. ,
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6 II and lesbians from the AnnedJ?orces ifit is that they have engaged in,
7 II attempted to engage in, or deIllonstrated a propensity or intent to engage in
8 II consensual physical acts with persons ofthe same ,gender. .
9 II 32. A$ a result defendants' implementation and enforcement of the
10 ,II Policy and the DOD Plaintiff's members have suffered injury will
11 II suffer furtherirreparable hamI to their constitutiona1 rights under the Fifth
12 II Amendment ifthe POlil::Y and DOD Regulations are not declared unconstitutional
13 II and defendants are not enjoin!:d;from enforcing the Policy and the DOD
14 II Regulations.
15 II 33. Plaintiff's merna. have no adequate remedy at law.
16 " SECOND CLAllVl FOil RELIEF FORVIOLATION OF THE FIRST
17 II AMENDMENT (FREE SPEECH AND EXPRESSION)
18 II 34. PlaintiffU1CoryOl ates paragraphs 1through 33 by reference as if set
19 forth herein.
20 35. Plaintiff's gay and lesbian members who serve'in the United States
21 II Armed Forces have the consti tu1ional right to freedom of speech and expression
22 II under the First Amencbnent q::the United States Constitution.
23 II 36. The Policy and DOD Regulations violate Plaintiff's members rights of
24 II free speech and expression UIJ der the First Amendment by impennissibly restricting,
25 II punishing and chilling all publie and private speech that would tend to identify
26 II Plaintiffs members and other members ofthe United States Anned Forces as gays
27 or lesbians. The Policy and :c OD Regulations impenrrissibly burden such speech on
28 the basis ofthe content and vieVlrpomt of such speech.

-10-
JUDGMENT AND lNJUNC11VE REUEF FOR
VIOLATIONS OF mE UNITED STATES
CONSTITUTION
10/13/04_ 13: 51 FAI_. u. S. ATTORNEY LA
I4J 019
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1 II 37. As a result ofthe defendants' implementation and enforcement ofthe
2 II Policy and the DOD Plaintiff?s members have suffered injury and will
3 II suffer :further harm to their rights under the First
4 II Amendment ifthe Policy and I)OD Regulations are not declared unconstitutional
5 1I and defendants are not enjoined from enforcing the Policy and the DOD
6 II Regulations.
7 II 38. Plaintiffs lnembers have no adequate remedy at law.
8 II THIRD CLAIMFORH-ELIEF FORVIOLATION OF THE F'IFTH
9 II (EQUAL PROTECTION)
i 0 II 39. Plaintiff Lte paragraphs 1 through 38 by reference as if set forth
11 herein.
I
12 40. Plaintiff's gay members who serve in the United States
13 II Anned Forces have the constirt lltional right to equal protecti?n of.the laws under the
14 Fifth to the Unitei States Constimtion.
,15 41. The Policy and DOD Regulations violate Plaintiff's members right
16 to equal protection ofthe laws under the Fifth Amendment by intentionally creating
17 11 an impemrissible distinction the status, speech and conduct ofheterosexual
,
18 II members of the military, on one hand, and the status, speech and conduct of
19 II homosexual members ofthe II' ilitary, the other hand, and by intentionally
20 II subjecting gay and lesbian me;nbers of the United States Anned Forces to different
21 II and punitive treatment.
22 11 42. Based on the decision of the United States Supreme Court in Lawrence
23 II v. Texas, 539 U.S. 558 (2003) that the fundamental right to privacy and liberties
24 II protect an individual's private consensual acts and relationships with persons ofthe
25 II same gender, the Policy and tt e DOD Regulations must meet a standard of
26 II heightened scrutiny.
27 /I 43. The distinc:tion Cleated by the Policy and the DOD Regulations fails to,
28 II meet the of scrutiny required by Lawrence v. Texas.
11- COMPLAJNT FORDEr:LARATORY
JUDGMENT AND lNIUNC1lVE RELIEF FOR
vlOLATlONS OF THE UNrIED STAlES
LOSANGEJ.F.S ]s= (n:) CONSTITI1TION
10/13/04 FAX
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__ A'ITORNEY LA
I4J 020
1 II 44. Indeed, distim.::tion created by the Policy and the DOD Regulations
. .
2 II is not rationally based on a legitimate. government or military interest, but, rather, it
3 II is based solely on animus tow; lI'GS lesbian and gay members of the United States
4 1/ Anned ' !
5 II .45. As a result ofthe defendan;ts' implementation and enforcement of the
6 II Policy and the DOD Plaintiffs members have suffered and will
7 II suffer further u:reparable to their constitutional rights under the Fifth
8 Amendment ifthe Poli(;y and DOD are not declared unconstitutional
9 . and defendants are not enjoinc:d from enforcing the Policy and the DOD
i 0 Regulations.
11 II 46. Plaintiffs have no adequate remedy at law.
12 ///
13 /11
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19 III
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24 III
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26 III
27 III
28 III
LOSI'INGEL'6S JSOR2S (2l')
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VIOI"AnONS OF THE UNITED STATES
CONSTITUTION
10/1Y...Q.L.l1,:.,51 __
u. S. ATIORNEY LA
14]021
WlllTE & CASE LLP
By 0d>..YhwlL
- MARTIN:MEEKINS
Attorneys for Plaintiff
Log Cabin Republicans
Dated.: October 12, 2004
2
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Plaintiffprays for judgr lent and relief from defendants as follows:
1. For a declaratioI]l tbjat Title 10, Section 0654 of the United States Code ,
4 Il,and the DOD RegulatiClns thereunder are unconstitutional;
5 1\ 2. For a preliminar) and permanent injunction enjoining the defendants
.6 II from enforcing Title 10, Secti)n 654 ofthe United States Code and the DOD
7 II Regulations;
8 II 3. For attorneys' ;pursuantto the Access to Justice Act, 28
9 II U.S.C. 2412;
10 H 4. For costs of arid
11 II 5. . For any other reI ef that the Court deems just and proper.
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LQSfJoIGSLES (:!Xl
, -13- COMPLAINT FOR DECLARATORY
VIOLA110NS OF mEUNITED STAlES
CONSTITUTION
10/13/04, 13.; 52 FAX
u. S. ATIORNEY LA
ofDefense
DIRECTIVE
NUMBER1332.14
December 21, 1993
Certified as 21, 2003
IncDrpDrating Change 1, March 4, 1994
ASD(p&R)
14l 022
,/
SUBJECf: Enlisted Administrative So
. ,
Reforences: (a) DoD Directive 13 :.11, subject as above, January28, 1982 (hereby
canceled) ,I. .
(b) Section 977 10, United States Code (JDenial of Certain
Benefits to Persons 'Who Fail to Complete at Least Two Years of an
Original
(c) Pub: L. No. 97-66, "!be VetetatJ.s' Disability Compensation, Housing,
, andMemorial Bene:its Amendments Act of 1981," October 17,1981,
(95 Stat,. 1035) ; : .
(d) Sections 801-940 0f title 10, United States Code (Uniforin Code of
Military Justice, Articles
(e) thr01.f.gh (z). see en', losure 1
1. REISSUANCE ANDPURPOSE
'Ihis, Directive reissues reference (a) md ':lPdares policy, responsibilities, and
procedures governing the administrati fe separation of enlisted members from the
Military Services.
2. APPUCABILITY
This Directive applies to the Office af the Secretary of Defense and the Military
Departments (mcludingtheir Reserve components).. The term IlMiIitary Services,II as
used herein, refers to the Ant:ty, the )\ avy, the Air Force and the Marine Coxps.
KH-16IT A
13:52 u. S. ATrORNEY LA [4]023
DODD 1332.'14, Dec. 2l. 1993
E3.Al.1.6.4. Procedures. The Notification Procedure
of Part 3) shall be used.
E3.Al.1.7. utisatisfacto:ry perromiance
E3AI.I.7.1. Basis. AmeIJ lber may be separatedwhen it is determined under
the,guidance inparagraph E3..A2.1. L of Part 2 that the member is unqualified for
further militaIy service byreason of. msatisfactoxy performance. This shall not
be.med ifthe member is in entIy-le\lel.status (paragraphE2.1.12. of enclosure i).
E3.A1.1.7.2. Counseling iRehabilitation. Separationprocessing may not
be initiated until-the -member has-aeell-eounselea fenna1ly-oolleeming-deficiencies and
has been afforded an opportunityto a vercome those deficiencies as reflected in
I
appropriate counseling or personnel: :'eeords. Counseling and rehabilitation
requirements are of particular impor ancc with respect to this reason for separation.
Because militaIy service'is a calling 'lifferent from any civilian occupation, a member
shouldnot be separatedwhen unsatL,;: actory performance is the sole reason unless there
have been effort$ at rehabilitationUI1Iler standards prescn'bed bythe SecretaIy concerned.
, I
E3.A1.1.7.3. Characterizati;m or Description. The service shall be
characterized as Honorable or Gc:noru (under honorable conditions) in accordance with
, .
paragtaphE3.A2.13. of Part 2. I .
E3.A1.1.7.4. '['he Notification Procedlh-e (paxagraphE3..A3.1.2.
of Part 3) shall be used.
E3.A1.1.8. Homosexual Conduq
E3.A1.1.8.1. Basis
E3.A1.1.8.1.1. Homost:xual conduct is grounds for separation from the
I
Military Services under the terms l in 'subparagraph E3.A1.1. 8.1.2., below.
Homosexual conduct includes homo! ,exua! acts, a statement by amember that
demonstrates a propensity or intent tC) engage in homosexual acts, or a homosexual
marriage or attenr.pted maniage. atement by a member that demonstrates a
propensity or intent to e:ngage in hal,! ciseXual acts is grounds for separationnot because
it reflects the member's sexual orlen: .ation, but because the stateme:nt indicates a
likelihood that the member engage.J in or will engage in acts. A
member's sexual orientation is cons tdered a personal and private matter, and is not
a bar to continued service under th. 's unless manifested by"homosexual
conduct in the manner described in subparagraph E3.A1.1.8.1.2.
26 ENCLOSURE 3, AITACHMENT 1
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DODD 1332.14, D= 21, 1993
\.
E3.Al.1.8.1.2. A.membfr shall be separated under this section if one ,or
more of the following approved findiril IS j s made:
. 'E3.Al.1.8.1.2.1. member has engaged in, attempted to engage in,
or solicited another to engage:in ahoEr asexual act or acts, unless there are approved
further findiJigs that:
E3AIJl.8.1.2J.1. Such acts axe a departure from the member's
usual and customarybehavior;
E3.A1.1.8.L2.1.2. Suchacts under all the circumstances are
unlikely to recur;
E3.AI.l.8.1.2.1.3. Such acts were not accomplished byuse of
force; coercion) or i:nt:imidatio.u;
E3.Al.l .8.1.2.1,4. Under the particular of the
case, the member's continued presence inthe ArmedForces is consistent withthe
interest of the AImed Forces inproper diBcipline, good order, andmorale; and .'
E3.Al.1.8.L2.J .5. The member does p.ot have apropensity or
. intent to engage inhomQscxual acts.
,
, ,
E3.ALL8.L22. '111" member has made a statement that he or she is
a homosexual or bisexual,'or words to' .hat effect, unless there is a further approved
findiIJ,g that the member has demon.str8: 'ed that he or she is not apersonwho engages in,
attempts to engage in, has apropensity, to engage in, or intends to engage in. hoxnosex;oal
acts. Astatement by a Service membeJ that he or she is a homosexual or bisexual, or
words to that effect, creates a rebuttal ,Ie presumption that the Service member
engages in, attempts to engage in, ha.: a propensity to engage in, or intends to
engage in homosexual acts. The SerVice m.ember shall be advised of this presumption
and given the opportunity to rebu.t the. prasumption by presehting evidence
demonstrating that he or she does no' el'tgage in, attempt to en.gage in, have a
,propensity to engage in, or in.tend to, mgage in homosexual acts. Propensity to
engage in homosexual acts means mO'I: than an abstract preference or desire to engage
inhomosex.ual acts; it indicates a likeliJ lood that a person "engages in or will engage in
Ihomosexual acts.:" In determining whetllcr amember has successfully rebutted the
IPresumption that he or she engages 1, z. attempts to engage in, or has a propensity or
intent to engage inhomosexual acts, so ne or all of the following may be considered:
27
10/1J/04 13:52 FAX u. S, ATTORNEY LA
,
-I
141 025
DODD1332.14, D. 21, 1993
homosexual acts;
2.1. Wbether the member bas engaged in
E3.Al.1.8.1.22.2. The member's credibility; .
E3.AL1.8.1.22.3. Testimony from about the member's
past conduct, character, and .
E3.A1.1.8.1.2.2.4. The nature and circumstances of the
members statement;
E3.A1. 1.8.l.Z. 2.5. Any other evidence relevant to whether the
member is likely to engage in homosl:xual acts: . -
(This list is not exhaustive; any other. relevant evidence may also be considered.)
E3.A1. 1.8.1.2.3. mCriDbc.r has married or attempted to marry a
person known to be of the same'biological sex (as evidencedbythe external anatomy of
the persons involved).
Burden ofProl)f- See subparagraphs E3.A1.1.8.4.5. and
E3.A1.1.8.4.6., below, for guidance fa to the burden of proof and when a finding
regarding retention is requirecl
E3.A1.1.8.3. Chara.cterizatikn or Description. Characterization of service or
description of separation be'in a;coniance .with the guidance in paragraph
E3.A2.13. of Part 2. When the sole ba..;is for separation is homosexual a
characterizationUnder Other ThanID: notable Conditions may be issued onlyif such a
characterizationis warranted undc.r pa:agraph E3.A2.1.3. of Part 2 and there is a finding
that duringthe current termof service the member attempted, solicited, or committed a
. homosexual act in the followiJo.g circutostances:
E3.Al.1.83.1. lByUBw! fa-roe, coercion, or intimidation;
E3.A1.1.8.3.2. 'With a pm.on under 16 years of age;
E3.AI.1.8.3.3. 'With as Ibordinate in circumst.'Ulces that violate customary
milita.ry s".!perior-subordinate :relation::hips;
E3.AL1.8.3.4. Openly 1t1 public view;
2& ENCLOSURE 3, ATIACHM:Er-..'T 1
"
E3Al.1.8.3.5. For cODlpensation;
14I 026
DOJJD 1312.14. Dec. 21. 1993
E3.Al.1.8.3.6. Aboard imilitaIyvessel or aircraft; or
E3Al.1.8.3.1. Inanotber locatio}l subject to military contr91 under .
aggravating circumstances noted intill fi.nding'that have an adverse impact on discipline;
good order, or morale compa.table to the impact of such activity aboard a vessel or
aircraft.
E3.AI.1.8.4. Procedures. Administrative Board Procedure (section C. of
Part 3) shall be used, subject to the guidance:
E3.Al.1.8.4.1. Separation processing shall be initia.ted if there is probable
cauSe to b.elieve separation is subparagraphE3.Al.1.8.l.i., above. Fact
finding procedures for inquiries intOI: conduct are in E3.A3.
.E3.A..l.1.8.42. The Adlllinistrative Board sball followthe procedures set
forth iDn subparagraph E3.A3.1.3.5., 0:' P:ut 3, except withrespect to the following
matters:
E3Al.1.8.4.2.1. ill the Board fulds that one or more of the
circumstances authorizing separation mdor subparagraphE3.A1.1.8.12., above, is
supportedby the evidence, the Board: :;baU recommend separation unless the Board finds
that retention is warranted under the i mited circumstances descnbed inthat paragraph.
E3Al.l.8.4.2.2. lli ilie Board does not:find that there is sufficient
evidence that one or more of the eire .lIII.stances authorizing separation tmder
subparagmph E3.Al.l.8.1.2. has 'occWred, the Board shall recommend retention unless
the case involves another basis for >alation of which the member has been duly
notified.
E3.A1. 1.8:43. In'any c. se inwhich characterizatiOn of service Undcr
Other Than Honorable Conditions is I,ot authorized, the Authority may be
exerciscd by an officer designated UIidor subparagraph E3.A3.1.2.4.1. of Part 3.
E3.Al.l.8.4.4. 'The Sep IIation Authority shall dispose of the case
according to the following provisions
E3.AIJ.8A4.L ]f the Board recommends retention, the Separation
Authority shall take one of the following actions:
29 ENCLOSURE 3, AITACHMENT 1
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141027
DODD 1332./-1. D= 21. 1993
E3.A1.1.8.4.4.1. Approve the finding and direct retention; or
E3.AL1.8.4.4.1.:L Forward the case to the Secretary concerned
with. a recommendation that the Secreta( yseparate the member under the Secretary's
authority (pa:cagraphE3.A1. 1. 15. of this Part).
E3Al.l.8.4.4.2. Iffre Board recommends separation, the Separation
Aufuority take one. of the followinj actions:
. E3.Al.L8.4.4.2... ApprovC? the finding and direct separation; or
E3 Disapprove the finding on the:: basis of the::
folIo'Wing considerations: '
E3.A1.1.8.4 42.2.1. There is evidence to
support the finding; or
E3.Al.1.8.4 4.2.22. Retention is warranted under the
limited circumstances described in LIagIaphE3.Al.1.8.1.2., above::.
E3.A1.1.8.4A.3. Ifthere has been awaiver of Boanfproceedings. the
SeparationAuthority shall dispose of the: case in accordanee withthe following
provisions:
. lithe Separation Authority detemrines that
there is not sufficient evidence to suppc rt separationunder subparagraph E3.Al.1.8.1.2.
above, the Separation Authority dit" retentionunless there is another basis for
separation of whichthe member bee;l dulynotified.
lithe Separation Authority determines that
one oX' more of the autho nzing separation under SUbparagraph
E3.AL1.8.1.2.) has occurred, the: membu shall be separated unless retention is
warranted under the limited. circumstanc;s described inthat subpamgraph.
E3.A1.1.8.4.5. The memb shall bear the b1lrden o/proving
throughout the proceeding, by a n.derance ofthe evidence, that retention is
warranted under the limited circumsta zces described in suhparav-aphs
E3.Al.J.8.l-2.1. and E3.A1.1.8.1.Z.2.
30 ENCLOSURE3,ATTACHMrnNTl
13:53 FAX u. S. ATIORNEY LA [4J 028
DODD 13!J2.U, D= 2/,199J
E3.A1.1.8.4.6. Fi:o.cl.ing;: regarding whether or not retention is warranted .
under the limited circumstances ofstbpaIagraphE3.Al.1.8.1.2., are required if the
mem?cr clearly and specificallyraise, i such limited circumstances.
E3.A1.1.8.4.7. Nothing in these procedures:
E3.Al.L8A.7.1. Limits the authority of the Secretary concerned to
take appropriate action in a case to en sure that there hwf been compliance with this
Directive;
E3.Al.1.8.4.7.2. :Requires that a member be for separation
when a determinationis made in aCcOJ dance withregulations prescribedbythe Secretary
concerned that .
E;3.Al J.8.4.7..Z.L The member engagedin aCts, made
statements,.or married or attempted many a personknown to be of the same
biological sex for the purpose of avoi:fiI+g or terminatingmilitary service; and
,
. E3.A1. 1.8.4.1. t2. Separation of the member wouldnot be in the
best interest of the AnDed Forces. ,
E3.ALL8.4.7.3. P.Jeoludes retention of amember for a limited
period of time inthe interests of nati( Ina! security as authorized by the Secretary
concerned;
E3.A1.1.V:l.7.4. Altborizes a member to seck Secretarial review
unless aut40rized inpl'ocedure's pronn:lgated. by the concerned;
E3.Al.1.8.4.7.5. Plccludes separation in appropriate circumstances
for another reason inthis Directive;
E3.A1.1.8.4-.7.6. Plecludes trial by court-martial in appropriate cases.
E3.Al.l.9. Drug Abuse R..ehabilitltion Failure
E3.Al.1.9.l. Basis
E3.A1.1.9.1.1. who has been referred to a. program of
rehabilitation for personal drug and aJ!( ahol abuse may be separated for failure through
inability or refusal to participa.te in, c.c rpDrate in, or successfully complete such a
programin the following circumstanoe s:
31 RNcr..osURE 3, ATTACHMENT 1
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DODD1 Dec. Zl. 1.99J
E3.A4. fLTIAaEivrENT4 TOENCLOSURE 3
,
, . .
GUIDELINES FORF'ACT-FlNDING lNQUTIUES lNTOHOMOSEXUAL CONDUCT
E3.A4.L RESPONSlBILTIY .
; I
E3A4.1.1. Only the member's cOJcmander is authorized. to initiate fact-finding
invol'ViOg homosc:x:ual condu.cl Acommander may initiate a fact:finding
:inquiry only when. he or she (rredJ."le infoIIDation that there is basis for
discharge. Commanders are l't:sponsibIe for ensuringthat inquiries are conducted
properly andthat no abuse of authoritY occurs.
E3.A4.1.2.. Afact-finding inquiry'l oaybe conducted bythe commander personally
or by a personhe or she appoiD.ts. It ay consist .of an examination of the information
reported or a more extensive inlvestiga1 ion, as necessary.. .
, .
E3.A4.13. The inquiry should gad ler all cred1"ble information that directly relates
to the grounds for possible separation:. shall be limited to the factual .
eircumsta.necs directly relevant to the:Epecific allegations.
E3.A4.1.4. If a commander has elie ldible evidence of possible criminal conduct, he
or she shall followthe procedu.res outli ned inthe Manual for Courts-Martial and
implementing regulations by the Secretaries of the MilitaryDepartments
concemed (reference (y)). .
E3.A4.1.5. The guidelines in this enclosure do not apply to activities ofDefense
Criminal Investigative Organi.?:ations 2nd orher DoD law enforcement
which are governed by Jj)oD Instructt,'n 5505.8 (reference (z)).
E3.A4.1. DEFlNlTIONS
E3A4.2.1. Bisexual. Apemon wbJ engages in, attempts to engage in, has a
propensity to engage in, or to ellgage in homosexual and heterosexual acts.
E3.A4.2.2. Commander. Acommissioned or warrant officer who, byvirtue ofrank
and assignment, exercises primal)' com!!: land authority over amilitary organization or
prescribed territorial area' that under pel tipent official directives is recognized as a
"command.."
67 ENCLOSURE 3. ATTACHMENT 4
I4J 030
DODD 1.332.14, D= 21, 199J
I
' E3.A4.2.3. Homosexual. on. regardless ofsex, who engages in, attempts
to engage in, has a propensity to engase in. or intends to engage in homosexual acts.
I E3.A4.2.4. Homosexual I'Homose:xua{conduct" is a homose:rual act, a
statement by the member thai demom.ltrJ.tes apropensity Of .intent to engage in
homosemal acts, or a homosc:xual m: mage or attempted maniage.
act"means anybodily contact, actively
undertaken or passivelypennitted, bel weenmembers of the same sex for the purpose of
satisfying sexual desires and nny bodli!Y' contact (for example, hand-holding or kissing in
most circumstances) that a person wouldunderstand to demonstrate a
propensity or intent to in suel aD act. .
E3..A4.2.4.2. A"stat::ment 1t:1l8.t a member is ahomosexual or bisexaal. or
words to that
E3.A4.2.4.2.1. Langwl!1e or behavior that;
E3.A4.2.4.2.2. Areasmlable person would belie1
l
e;
E3.A4.2.4.2.3. Was to convey the statement;
E3.A4.2.42.4. That a:l'erson engages in, attempts to engage in, or has
a propensity or intent to engage in acts. This may tnclude statements
such as ''I am a homosexual, I, "] ami !laY1
n
I,! am a lesbian," ''1have a homosexual
orientation,I' and the like.
E3.A4.2.4.3. A "homosexuaJ mnrriage or attempted marriage"is when a
member has married or attemj?tedto l naui a person known to be of the: same biological
. sex..
E3.A4.2.4.4. npropensityto engage in homosexual actsnmeans more than an
abstract preference or desire to enga!:e in homosexual a.cts; it indicates 'a likelihood that
a person engages in or will engage in'lomosexual acts.
I E3.A4.2.5. Sexual Orientation. ,4.n abstract sexual preferencefor persons ofa
lParticular sex, as distinct from a pre pensity or intent to engage in sexual acts.
IE3.A4.3. BASES FORCONDUCTING
6& ENCLOSURE 3, 4
10/13/04 13:54 FAX u. S, ATrORNEY LA
DODDl332.J4.Dec.21,1993
E3.A4.3.1. A commander will initiate an inquiry only ifhe or she has'credible
information that there is a ba8is fqi' discharge. Credible information exists when
the information, itssource and the surrounding circumstances, supports
.. a reascJ1iable that there is a oasis for discharge. It requires a determination
based on articulablr; !actJ, nlot just zbeliefor su:pfcion.
E3-A4.3.2. A. basis for (Jischari,'e exists if:
E3A4.3.2.l. The member'JltlS engaged in a homosexual act.
I
E3.A4.3.22. The member has said that he or she is a homosexual or
bisexual, or made some other .cnt that indicates a propeIlllity or intent to engage
inhomosexual acts; or .
I
E3.A4.3.2.3. The member ,J as married or attempted to marry a person. of
the same sex. .
E3.A4.3.3. Credible in!()rmatio't does not e:rl$t,[or example, when:
I
E3A4.33.1. The individual is suspected ofengaging in homosexual
conduct, but there is no credible infe IJIUltion, as described, to support that suspicion; or
I
E3.A4.3.32. The only infO/marion is the opinions ofothftrs that a member
is homosexual; or ' ,
I E3.A4.3.3.3. The inquiry lf1.ould l?e based on 11.lmor, suspicion. or capricious
claims cpnceming or:iontation; or .
I
The only in!olmelrion known is an assuciational activity such
as going to a gay bar, possessing or lif ading homosexual publica.1iox:JS, associating with
known homosexuals, or matchingin a gay rlghn:l rally in civilian clothes. Such. activity,
in and of itself, does no! provide evia of homosexual conduct.
I E3.A4.3.4. Credible infonnatio,J exists,for example, when:
I E3.A4.3.4.L A reliahle per states that he or she observed or heard a
Service member engaging inhomose] uaJ acts, or saying that he or she is a homosexual
or bisexual' or is married to a membei' of the same sex; or
I E3.A4.3.4.2. A reliable perWtl slates that or she heard, observed, or
discovered a member make a llr written statement that areasonable person would
69 ENCLOSURE 3. ATrACHMENT4
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DODD lJ32.J4, 1)1(;. 21. 1991
l
believe was intended to the fa ct that he or she engages in, attempts to engage
in! or a propensity or intent to, mgage in homosexual acts; or .
E3A4.3.4.3. A reliable pet son states that he or she observed behavior that
amounts to anon-verbal statement by amember that he or she is a homosexual or
bisexual; Le., behavior that a reasDl1able person would believe was in.tended to
convey the statement that the metnb engages in, attempts to engage in, or has a
'70pen;stty or intent to engage in hI Imosexual acts. .
E3.A4.4. PROCEDURES
E3.A4.4.1. InfoIDlal fact-:findin.l!l inquiries and administrative separation procedures
are the preferred method of addressit g homosexua1. conduct. This does not prevent
disciplinaxy action Or trial by comtS-1 J.artial wheJJ. appropriate.
E3.A4.4.2. Commanders shall :ercise sound discretionregarding whencredJ.ole
infonnation exists.. They shall exarmle the infonnation anddecide whether an is
warranted or whether no action shoule lbe taken.
E3.A4.4.3. Connnanders or appc ,inted inquixy officials shall not ask, and
shall not be required to whe ther a member is a heterosexual, a homosexual,
or a bisexual. However, upon' recei Dt ofcredible information of.homose:xuaI
conduct (as described in section E3. 4.4.3., commanders or appointed inquiry
officials may ask ifthey eli gaged in such conduct. But the member should
'rst be advised ofthe DoDpolicy 0,1 conduct'(and righrs under Article
31, UCMJ, if applicable). Should til e member choose not to discuss the matter
:ilrther. the commander should cons rde:r other fIVailable information. Nothing in
this provision precludes a member about any information prOVided by
zhe member in the course of the fact-fmding inquiry or any relatedproceeding, nor
does it provide the member with an) I basis for challenging the validity ofany
roceeding or the use ofany eviden including astateme1'lt by the member, in any
roceeding.
E3.A4.4.4. At any given point of the inquiry, the commander or appointed inquiry
official must be able clearly spec, fieally to explainwhich grounds for separation he
or she is attempting to verify and howthe information being collected relates to those
specific separation grounds.
E3.A4.4.5. A statement by a member that he or she is ahomosexual or
I
bisexUal creates arebuttable presump' ion that the Service member engages in, attempts
to engage in, has a propensity to en sage in, or intends to engage in homosexual
70 ENCLOSURE 3. ATTACHMENT 4
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DODD /332.14. Dec:. 21. 1993
'The Service member shall be glven the opportunity to present eviden.ce

demonstrating that he or she does lot: engage in. attempt to engage in.. or have a
opensity or intent to engage in he mcsexual aqts.
I
E3.A4.4.6. The Service member bears the burden of proving, by apreponderance of
I
the that he or she is not (1. person who engages in. attempts to engage in,
has a propensizy to engage in. or in tends to engage in homosexual acts.
IE3A4.5. LEGAL EFFECT
The procedures iiI this enclosure crea te no substantivo or procedural rights.
"
71
ENCLOSURE 3, ATTACHMENT4
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of Defense
n:CRECTIVE
--

1332.30
i
t
t
SUBJECT: Separation of Re aular Commissioned Officers
References' laJ DoD Dil"ective 1332.30, "Separation of Re9ula.i
. Commisllioned Officers for Ca.use, II October 15, -
1981 (hereby canceled)
Title L0
1
-united States Code, Chapter 60 and
630, 654, 827
t
831
(e) DoD DiJective 1010.4, "Alcohol and Drug Abuse
by DoD August 25, 1980
(d) I>oD 52(-0.2-R, nDoD Personnel Security
Progran, "December 1979, authorized by DoD
Ilirectdve 5200.2, "DoD Personnel Secur:l.-ty
Progran,_ II December 20, -1979 _
(e) Title. -:.0 I United states Code, sections 801-940,
('crniforn Code of Military Justice)
A. REISSUANCB AND PtlRPOSE
This Directive:
1. Reissues reference (a)
2. Implements Ch.apter 60 and section 630 of reference (b) to
establish policies, standaIds, and procedures governing the
administrative separation ,elf commissioned officers for
substandard performance of 1utr, for an act or acts of misconduct-
or or professional dere11ction, or in the interest of
national security.
3. Implements Chapter 60 and section 630 of reference (bl
with respect to discharge of re9l:l1ar commissioned officers with
lesB than five years activE! commissioned service in certain
circumstances ..
B. APPLICABILITY ANO SC;Ol'E
1. This Directive applies to the Office of the Secretary of -
Defense (OSD) and to the M:.litarr Departments and covers regular
commissioned officers of tte Milltary Services.
"Military Service, II as usee berein, refers to the Army, Navy, Air
Force, and Marine Corps.
2. This Directive does not apply to commissioned warrant
officers and retired officers of the Military
Services.
Et-J-/-, B'f G-
"
10/13/04 13:55 FAX
u. S. ATrORNEY LA
D lC F. I NIT 1: 0 N
I4l 035
!'
1. Active Coll1lli.ssloned Service. Service on active duty as a CoumiSlliol1ed officer in a grade above
warrant officer, W-4
2. Bisexual. Aperson who engages in, atteu pte to engage in, has a propensity to engage in, CfI' intends
to engage in homosexual and heterosexlal acts.
3. cOII!lDissioned Officer. An officer in any of the Military Services who holds a grade and office
under a conmission signed by the president, other than a. co1lllllissirmed warrant officer or retired
coumissioned officei'. .
4. Convening Authority.. The Set:retary 0: the Militaly Department concerned who may delegate
this IeSf.OllSil1ilit:y all iqlpIOpIiate.
5. Counsel. Alawyer qualified 10 u.s,e. 827 (b) (1) (reference [b)) or a civilian lawyer
retained at the coirmissioned officerI S !!Ip5ll3e.
6. Drug Abuse, As defined in DoD Directi:1ie 1010.4 (refeteIlce (e)).
7. Homosexual. 1\ person, regardless of sex who engages in, to engage in, bas a propensity
to engage in, or intends to engage in acts.
8. HOIIIOsexual Act,
a, Any bodily contact, activelyunder:taken or passively permitted, between members of the
same sex for the purpose of satisfying sexua: desires, and
b. Nly bodily contact that a reasOI: :lble person would understand to demotlstrate a propensity
or intent to engage in an act described in s (a).
9. Homosexual Conduct. Ahomosexual act, a stat.ement by the Service member that demonstrates a
propensity or intent to engage in hOOlosemu acts, or a hcmbsexual marriage or attempted marriage.
10. Legal Advisor. Ajudge advocatEl under 10 U.S.C. 827 (b)(ll, (reference {blJ, and
appointed to assist a Board of Inqui.ry.
11. Nonprobationary Commissioned Officer. Acommissioned officer other than a probationary
conmissioned. officer.
[-I
10/13/04 13:55 FAX
u. S. ATrORNEY LA

12. probatiotlary Colllnissioned Officer.. i. Commissioned officer with less that 5 y!!l'S of active
cOlIlII\issioned service; however, ',1 regulal cotnlllissioned officer serving on active duty on Septe.uilier
14, 1981, shall be a probationary comlssi( ned officer for a period of 3 years fran the date of his
appoiDtment as a regular COI1IIIli.ssibned icer. .
13. Propensity. Propensity to eJlgage in nOlDosexual acts means more than an absmct preference or
desire to eJlgage in homsemal acl;s; it illJ li9Ctes a likelihood tllat a person engages in orwill engage in
lm:>sexual aots.
14. Respondent. Acommissioned clffleer rnquired to show cause for retention on active duty.
15. Sepantion. Dis.charge, resignation.
16 I Sexual orientation. Asexual attraction to individuals' of a particular sex.
17. Show Cause Authority. Any of the fa llowing as detemmed by the Secretary of the Military
Departnent concerned.
a. cOllll1landers' exercising General CouJt (GCM) authority and all general or flag rank
officers in command who have a judge ate or legal adviser available.
b. 1'be secretary or officers (not helo\ the grade of major general or rear admiral) designated by
the Secretaries of the Military Departments to deteIll1ine, based on a record review, that an officer shall
he required to shOli case for retention on a duty.
12
13:55 FAX
u. S. ATIORNEY LA
;1 I

SEPARATION
A. SUBSTANDARD PERFOIUDNCE 0'8 Dtrl'Y
A officer may be sepalated from a Military Service, under regulations
prescrilJed by the Secretary of the Itilit try Depart1DeJlt conce:rned, lIhen, as ctqJared to other
COlIIllissioned officers of his or her grade aIII he or she is found to be substandaId in
mJ of the following respects:
1. Pei'famance of duty..
2. Efficiency.
3. Leadership.
4. Lack of response to training in th It performance of duties in the officer's assigned
speciality is precluded or illlPaued to till degree of being unsatisfactory.
5. Attitude or cbaracter
:a. ACTS OF lnSCONDUCT OR M:lWt OR PROFESSIONAL DERELICTION
AcOllllOissioned officer may he separc ted from the Military Service, under regulations
prescr.il>ed by the Secretary of I:hf! MiHt uy DepartRlent ccm.cerned, when he or she is found to
have co1lll1itted an act or acts of. miscami !lct or moral or professional dereliction, which include
(but: are DOt limited tol:
1. Serious or recurring wrongdoing, pi !I1i.shable by military or civilian authorities"
2. Intentional or discreditablemismaIla of personal affairs, including financial affairs.
3. Drug abuse.
4. Intentional neglect of, or failure to perform, assigned duties or complete :required training.
S. Conduct resulting in the loss of p: ofessional status to such an extent as to impair
performance of assigned military duties.
6. Intentional misrepresentation of fa :ts in obtaining an appointment or in official statements
or records. .
c. aOMOSEXUAL CONDUCT
Komosexual conduct is grounds for s:paration from the Military Services. Homosexual
conduct includes homosexual actsr a sta tement by a member that demonstrates a propeIlBity or intent
2-1'
10/13/04 13:55 FAX u. S. ATTORNEY LA
.1
14I 038
. .
to engage in homosexual acts, or a hn;sexual marriage or attempted marriage. Astatement by a
member that demonstrates a propensity Ilr intent to engage in homosexual acts' is grounds for .
separation not because it the m!llIber' s sexual orientation, 'but because the statement indicates a
likelillcod that the member in (r: 1I'ill engage in homosexual acts. Sexual orientation is
comri.dered a personal and private mattel, and homosexual orientation is not a bar to continued service
unless manifested by hOllDsexual comllct.
1. Acommissioned officer .Ieparated under this provision if one or l1IOIe of the following
approved findings is made:
a. The officer bas enga!Jed in, a:tempted to engage in, or solicited another to engage in a
homosexual act or acts, unless there are approved further findings that the officer has demcms.trated
(1) SUch acts are a departme from the officer's usual and CllStomary behavior,
(2) such acts nnder all the' drcumstances arc unlikely to remIt;
(3) Such acts were Dot accolllplished by use of forcer coercion. or intimidation:
. (4) under the particUar ciret mstances of the case, the officer's continued p;resence ill
the Armed Forcea is consistent lith the interests of the Armed Forces in proper discipline, good
order, and morale of the and,
(5) The officer be not haVE a propensity or intent to engage ill homosexual acts.
b. The officer has made 9statelrelt that he or she is a homosexual or bisexual, or words to t1Jat
effect, unless theIe is a further approved finding that the officer bas denv:mstrated that he or she is oot a
person who engages in, attempts to engage ill, has a propensity to engage in, or, intends to engage in
hOllosexual acts. Astatement by ,m offiqe r that he or she is a homos!X1li1 or bisexual. or words to
that effect, creates a rebuttallLe prestillption that the officer engages in homosexual acts or
bas a propensity or intent t,o do. The )fficer shall be advised of this pre51llllption and given
the opportlIIlity to rebut the presumptic [l by presenting evidence that he or she not engage in
homosexual acts and does not have a ?rtpensity or intent to do so.}
Propensity to engage in ,s means rore than an abstract preference or desire to
engage in homosexual acts; it indicates a likelihood that a person engages in or will engage ill
hO/l)sexual acts. In determining whetbr an officer has successfully rebutted the presumption
that he or she engages in or J:I!S a ptl pensity or intent to engage in hOlWse1J1al acts, some or all
of the following may be cansidel ed.:
,(1) whether the officer as in homosexual acts;
(2) the officer's credillilityj
(3) from others about the officer's past conduct, character, and credibility;
2-2
10/13/04 13:56
u. S, A'ITORNEY LA
I
I
141039
(4) the nature and :umstances of the I s statement;
(5) any other mc"lellce rele TaIlt to whether the officer is ille1y to eDjage in ho!losexual acts".
This list is not exhaustive; any other relevant evidence may also be considered.
CI The has maIl' led or attempted to lIliI.IIJ a person known to be of' the game
sex (as eviCienaed by the anatony of the persons involved).
2. ,'!he cami.ssioned officer' shali bear the burden of proving, by a preponderance of
the evidence, that retention is warrant! d ,the limited circu1I1Stances described in paragraphs
C.l.a and e,l.h., except in case$ where the officer's conduct was solely the result of a desire, to
avoid or terminate Mi.litaty
3. Nothing in these regulations requires that an officer he processed f,or Ileparation when a
determination is made in accordance wit 1 regulations prescribed by Secretary concerned that:
a. The officer engaged in made statements, or married or attempted to marry a person
'known to of the same biological sex for the purpose of avoiding military service; and
b. Separation of the clfficer II( ill.e not be ill the best interast of the ,AImed FOItes.
D. RETENTION IS NOT CONSIST! rr WITH THE ImBRESTS OF NATIONAL SECURITY
Under DoD 5200.2-R (reference ld)'), acommissioned officer lI1ay l;>e separated from a
Military Service when it is dec!!I1I1ined tJ.at the cOllllnissioned officerI s retention is clearly
inoonsilltent with the interest ot national security.
E. MULTIPLB REASONS,
Acommissioned officer may be consid for separation under all the reasons set forth in
sections A" B., C" and D. abclVe; howe-'er, separate findings under each applicable section shall
be reqnired as to the. reason fer ion.
23
,"
10/13/04 13:56 FAX
,
u. S. ATrORNEY LA
Dep: Ll1ment ofDefense
DIRECTIVE
NUMBER1304.26
December 1, 1993
14I 040
IncO!po:ating Change 1, March 4, 1994
ASD(p&It)
SUBJECT: Qualification Standards for Enlistment, Appointment, and Induction
References: (a) Title 10, United State; Code
(b) DoDInstruction "Implementation of the Universal Military
Training and Service with Respect to Medical andDental
Registrants,"Septemb:r 2, 1960
(c) Title 32, C.ode
(d) Compact of Free Ass )ciationbetween the United States and the
Government clf the Ff derated States ofMicronesia and the
Government ctfthe Marshall Islands, 99 Stat 1770 (1986) (reprinted
as amended at 48 U.S C.A.1681 note) .
(e) DoD 1145.1., Qualitative Distribution of Military Manpower,II
January 22, 1986
(f) DoD Directive; 6130.3) "Physical Standards for EDlistment,
Appointment, ,andIndt: etion,"March 31, 1986
1. PURPOSE
This Directive:
1.1. Establishes basic enmlIlce qUE lification standards for enlisttnent, appointment,
and induction into the AImed Fa'rces in'1.Ccordance with Section 113 of reference (a)
and delegates the authority to specify c.e rtain of those standards to the Secretaries of
the Military Departments.
tt HI BIT c.,.,
') .

10/13/04 13:56 FAX U..S. ATTORNEY LA
I
141041
DODp f)fl(;, 21, 1993
. .
El.2.1 Inprocessin: waiver requests, the Milita1y Services shall
reqUire infonnation about the "who, wbat, when, where, and why"oftbe off(;nsc in
question; and anumber of lettclt's of rcc ommcndation attesting to the applicant's
character or suitability for enlistment. Such letters be fromi"esponsible
community leaders such as school offi ;iaLs, ministers, and lawenforcement officials.
E12.7.3. Those who have bellOpreviously separated from the Military
Services under conditions other thanhi morable or for the good of the Service. .
EI.2.7.4. Those who bave ex] ubited antisocial behavior Of other traits of
character that would render themunfit to associate withmilitary personnel.
EI.2.8. Provisions Related to HOl tlo:'!exual Conduct
El.2.8:1. A.persorz's ,r;e;w.a1 (irienttttion is considered a personal and
Iprivate matter, and is not a bClr to SCi entry or continu.ed service unless
manifested byhomosexcal conduct in,lhe manner described in subparagraph
EJ.2.8.2., below. for eDlis' mcnt, appointment, or induction shall not be
., asked or required to reveal whether t, :e)' are hOTn;osexual or bi.$exual.
Applicants also will not be asked or 1equired to reveal whether they have engaged in
homosexual conduct, unless independe.lt evidence is received indicating that an .
applicant engagedin such conduct or wl1ess the applicant volunteers a statement that he
or' she is a homosexual or or iVords to that effect.
I
Homosexual conduct is grounds for barring entry into the Armed
Forces, e::r:cept (IS otherwise provided in this section. Homosexual conduct is a
homosexual act, a statement bythe app icant that demonstrates a propensity or intent to
engage inhomosexual acts, or a homos marriage or attempted marriage.
Propensity to engage in ac ts means more than an abstract preference or
desire to engage inhomosexual acts; it indicates a likelihood that a person engages in or
will engage in homosexual acts.
E1.2.8.2.1. Anapplicant be rejected for the ArmedForces
if, in the course of the accession proce 55, evidence is received demonstrating that the
applicant engaged in, attempted to enga in, or solicited another to engage in a
homosexual act or acts, unless there is a. further determination that:
E1.2_8_2.1.1. Such a are a departure from the applicant's usual and
customary behavior;
9 ENCLOSURE 1
DODD 1304.26, Dec.. 21, 1993

. '
E1.2.8.2.1.2. Such acts, under all the circumstances, are unlikely to
recur;
E1.2.8.2.1.3. Such acts were not accomplished byuse of force,
coercion, or and;
El.2.8.2.IA. The :pplicant does not have apropensity or intent to
,engage in homosexual acts. .
SUch a detennination will be made iD' he course of the normal accession process. A
homosexual act means:
E1.2.8.2.1.4J. .Anybodily contact, actively lmdcrtiken or
passively permitted, betweenmember: of the same sex for the purpose of satisfying
sexual desires, and .
EL2.8.2.1.4.2. 'Anybodily contact that areasonable person
would understand to demonstr:ate a pre: pensity or intent to engage in an. act descnbed in
subparagraph E1.2.8.2.1.4.1., 2bove.
El.2.8.2.2. Anapplicanl shall be rejected for en1Iy if he or she makes a
statement that he or she is a homose?'J I3l Or bisexual, or words, to that effect, unless
there is a further dettnninatioli that tb0 applicant has 'demonstxatcd that he or she is not
apersonwho engages in, attempts to t ogage in, has a to engage in, or intends
to engage inhpmosexual acts. Such a detennination will be made in the course of the
normal accession process.
El.2.82.3. An applicant shall be rejected for entry if, in the course: of the
accession process. evidence is receiveddemonstratingthat an applicant has married or
attempted to many aperson known to Je of the same biological sex (as evidencedby
the external anatomy of the persons invotved}
EL2.8.3. Applican.ts will be itzformed ofseparation policy (Section 654 of
10 U.S.c. (refere'tT.ce (a))). FCfilure to receive such infonnation shall not constitute a
defense in. any administrativr: Qr dis( iplinary proceeding.
I E1.2.8.4. Nothing in these Frocedures re.quires rejection for entry into the
Anned Forces when the relevam Millory Service Command authority determines:,
10 .eNC1.;QSURE 1
10/13/04 13:57 FAX
~ ~ - - - - - - ._-- --_. ---,
u. S. ATTORNEY LA
______L ---.J_ ---------
.'i
~ U 4 : J
DODD 1304.26, Dwc. 21. 1993
El.2.8.4.!. That anapp icant or inductee madc a statement, engaged in
acts, or married or attempted to xnan;' a person of the same sex. for the purpose of
avoidingmilitmy service; and
El.2.8.4.2. Rejection Cf the applicant or inductee woulq. not be inthe
bcst interest of the AImed Forces.
11 ENCLOSURE]
UNITED S" COURT, CENTRAL DISTRICT
CIVIL COVER SHEET
C( \:ORNiA
I (a) PLAINTIFFS (Checkbox If you are representing yourself 0)
(b) County of Residence or First Listed Plaintiff (Except In U.S. Plaintiff Cases); Los
Anaeles, Oranae, Riverside Counties
(c) Attorneys (Finn Name, Address and Telephone Number. If you are representing yourself,
provide same.)
Dan Woods
C. Martin Meekins
White & Case LLP
Los Angeles, CA 90071
(213) 620-7700
DEFENDANTS
UNITED STATES OF AMERICA and DONALD H.
official capacity
County of Residence of First Listed Defendant (In U.S. Plaintiff Cases Only);
Attorneys (If Known)
Debra W. Yang
United States Attorney, Central District
of California
1200 United States Courthouse
312 North Spring Street
Los Anqeles, CA 90012
II. BASIS OF JURISDICTION (Place an XIn one box only.)
o 1 U.S. Govemment Plaintiff 0 3 Federal Question
(U.S. Government Not a Party)
[X] 2 U.S. Govemment Defendant 04 Diversity (Indicate Citizenship of
Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant)
PTF DEF PTF DEF
Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 0 4
of Business in this State
Citizen of Another State 0 2 02 Incorporated and Principal Place 05 05
of Business in Another State
Citizen or Subject of a 03 03 Foreign Nation 06 06
Foreign Country
IV. ORIGIN (Place an XIn one box only.)
DO 1 Original 0 2 Removed from' 0 3 Remanded from 0 4 Reinstated or 0
Proceeding State Court Appellate Court Reopened
V. REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes
5 Transferred from 0 6 Multi-District
another district litigation

00 No (Check "Yes" only If demanded In complaint.)
.. 0 7 Appeal to District
Judge from Magistrate
Jud2e
CLASS ACTION underF.R.C.P. 23: 0 Yes [Xl No D DEMANDED1N $'
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not dte jUrisdictional statutes unless diversity.)
28 U.S.C. s.ections 1346, 2201. Complaint for Injunctive Relief and Declaratory
Jutlgment that 10 U.S.C. Section 654 violates United States Constitution
VII. NATURE OF SUIT(Place an X In one box only.)
TORTS PRISONER PETITIONS LABOR TORTS OTHER STATUTES CONTRACT
PERSONAL INJURY PERSONAL PROPERTY
o 510 Motions to
o 710Fair Labor
Standards Act
o 400 State o 110 Insurance
D 310 Airplane o 370 Other Fraud
Vacate
o 720Labor/Mgmt.
Reapportionment
0120 Marine
o 315 Airplane Product o 371 Truth in Lending Sentence
Relations
o 410 Antitrust
o 130 Miller Act
Liability
o 380 Other Personal Habeas Corpus
o 730Labor/Mgmt.
o 430 Banks and Banking
0140 Negotiable Instrument
o 320 Assault, Libel &
Property Damage o 530 General
Reporting &
o 450 Commercel1CC Rates!etc
o 150 Recovery of Overpayment Slander
o 385 Property Damage
o 535 Death Penalty Disclosure Act
o 740 Railway Labor ACI
o 460 Deportation
& Enforcement of .
D 330 Fed. Employers'
Product Liability
o 540 Mandamus!
o 790Other Labor Litig.
o 470 Racketeer Influenced and Judgment
Liability
BANKRUPTCY
Other
0791 Empl. Ret. Inc.
Corrupt Organizations
0151 Medicare Act
0340 Marine
o 422Appeal 28 USC
o 550 Civil Rights
Security Act
o 810 Selective Service
0152 RecoverrofDefaulted
o 345 Marine Product
158
o 555 Prison
PROPERTY RIGHTS
o 850 Securities!Commodities! Student oan
Liability
(Exci. Veterans) .
D 350 Motor Vehicle o 423 Withdrawal 28
Condition
o 820COPYn9hls
EXchange
0'153 Recovery of Overpayment
USC 157
o 875 Customer Challenge
of Veteran's Benefits o 355 Motor Vehicle
URI=/PENALT'r
o 830 Patent
12 USC 3410
0160 Stockholders' Suits
Product Liability
CIVIL RIGHTS
o f310Agricultuni o 840Tradernark
o 891 Agricultural Act
D 360 Other Personal
SOCIAL SF! UK
o 190 Other Contract
Injury o 441 Voting
o 620 Other Food &
o 892 Stabilization
0195 Contract Product Liability
o 362 Personal Injury- o 442 Employment
Drug . 0861 HIA (1395ff)
Act
o 893 Environmental Matters REAL PROPERTY
Mad Malpractice
o 443 HousinglAcco:.
o 625 Drug Related o 662Black Lung (923)
o 694 Energy Allocation Act
0210 Land Condemnation
o 365 Persona! Injury-
mmodations Seizure of o 863DIWCIDIWW
Property 21 (405(g))
o 695 Freedom of Information
o 220 Foreclosure
Product Liability o 444 Welfare
USC 661
o 664SSID Title XVI
.. Act
o 230 Rent Lease & Ejectment
o 366 Asbestos Personal
o 440 Other Civil
o 630 Liquor Laws
o 665RSI (405(g))
o 900 Appeal of Fee Determina
- 0240 Torts to Land
Injury Product
Rights
o 640R.R. &Truck
FEDERAL TAX SUITS
tion Under Equal
Access to Justice
0245 Tort Product Liability Liability
o 650Air1ine Regs
o 870Taxes (U.S.
o 950 Constitutionality of
o 290 All Other Real Property
o 660Occupational Plaintiff or
State Statutes
Safety/Health Defendant)
[K) 890 Other Statutory
o 6900ther o 671 IRS - Third Party
26 USC 7609
Actions
VIII{a). IDENTICAL CASES: Has this action been previously filed and dismissed, remanded or closed? [Xl No 0 Yes
If yes, list case number(s):
CV-71 (01/03)
CIVIL COVER SHEET -.. ;Page 1 of 2
r Vi 41n 51 D ?' .... I f I ( \) It-...I;' '-, CCD-JS44
....r. " 'i f' ,-,'t. .If) \\ \ ) ..-/ 1
-> \:I ' ...?> . .JJ A I
UNITEf "lISTRICT COURT, CENTRAL OF UFORNIA
CIVIL COVER SHEET
AFTER COMPLETING THE FRONT SIDE OF FORM JS-44C,COMPLETE THE INFORMATION REQUESTED BELOW.
VIII{b). RELATED CASES: Have any cases been previously filed that are related to the present case?
W No DYes
If yes, list case number(s):
Civil cases are deemed related If a previously filed case and the present case:
(Check all boxes that apply)D A. Appear to arise from the same or substantially identical transactions, happenings, or events;
D a: Involve the same or substantially the same parties or property;
D C. Involve the same patent, trademark or copyright;
D O. Call for determination of the same or substantially identical questions of law, or
D E. Likely for other reasons may entail unnecessary duplication of labor if heard by different judges.
IX. VENUE: List the California County, or State if other than California, in which EACH named plaintiff resides (Use an additional sheet if necessary)
D Check here if the U.S. government, its agencies or employees is a named plaintiff.
Los Angeles, Orange, Riverside Counties
List the California County, or State if other than California,in which EACH named defendant resides. (Use an additional sheet if necessary).
0[] Check here if the U.S. government,Jts agencies or employees is a named defendant.
t,.oS I
List the California County, or State if other than Califqrnia, in which EACH claim arose. (Use an additional sheet if necessary)
Note: In land condemnation Cases, use the location of the tract of land involved.

(DS E0
X. SIGNATURE OF ATTORNEY (OR PRO PER): G J11Q . Date (); 12.
1
.,100'k
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the
filing and serVice of pleadings or other papers as required by law. This form, approved by the JudiCial Conference of the United States in
September 1974, is required pursuant to Local Rule 3-1 'is nat filed but is used by the Clerk of the Court for the purpose of statistics, venue
and initiating the civil docket sheet. (For more detailed instructions, see separate. instructions sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social
Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for
certification as providers of services under the program. (42 U.S.C. 1935FF(b
., '.
862 BL''AIl claims for "Black Lung" benefits under Title 4, Part B, of Federal Coal Mine Health
and Safety Act of 1969. (30 U.S.C. 923)' .
863 OIWC All claims filed by insured workers for disability insurance benefitsunQer Title 2 of the Social
Security Act, as amended; plus all claims filed for child's insurance benefits based on
disability. (42 U.S.C. 405(g
.863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of
the Social Security Act, as amended. (42 U.S.C. 405(9)
864 SSID All claims for supplemental security income payments based upon disability filed under Title
16 of the Social Security Act, as amended.
865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security
Act, as amended. (42 U.S.C. (g
CV-71 (01/03)
CIVIL COVER SHEET Page 2 of 2
NAME, ADDRESS & TELEPHONE NUMBER OF ATfORNEY(S) FOR, OR, PLAINTIFF
OR DEFENDANT IF PLAINTIFF OR DEFENDANT IS PRO PER
Dan Woods, Esq.
White & Case LLP
Los Angeles, CA 90071
(213) 620-7700
ATfORNEYSFOR: Plaintiff Log Cabin
Republicans
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
.;.) (")
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LOG CABIN REPUBLICANS, a non-profit
corporation,
UNITED STATES OF AMERICA and DONALD H.
official capacity, Defendant(s)
CERTIFICATION;\ND NOTICE
OF INTERESTED PARTIES
(Local Rule 7.1-1)
v.
Plaintiff(s),
CASE NUMBER - - Q,
'.. .. '

/4f 1:.
GPS
TO: THE COURT AND ALL PARTIES APPEARING OF RECORD:
The undersigned, counsel of record for
(or party appearing in pro per), certifies that the following listed party (or parties) has (have) a direct, pecuniary interest
in the outcome of this case. These representations are made to enable the Court to evaluate possible disqualification or .
recusal. (Use additional sheet if necessary.)
PARTY CONNECTION
(List the names of all such parties and identify their connection and interest.)
UNITED STATES OF AMERICA
DONALD H. RUMSFELD, SECRETARY OF
DEFENSE, in his official capacity
October 12, 2004
Date
PLAINTIFF
DEFENDANT
DEFENDANT
_
Sign
Attorney of record for or party appearing in pro per
Plaintiff Log Cabin Republicans
CY30 (12/03) NOTICE OF INTERESTED PARTIES (F rF)) I
Parker. Ryan (eIV)
From:
Sent:
To:
SUbject:
cacd_ecfmail@cacd.uscourts.gov
Tuesday, March 02, 20104:39 PM
ecfnef@cacd.uscourts.gov
Activity in Case 2:04-cv-08425-VAP-E Log Cabin Republicans v. United States of America et
alOrder
This is an automatic e-mail message generated by the CMIECF system. Please DO NOT RESPOND to
this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits
attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of
all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees
apply to all other users. To avoid later charges, download a copy of each document during this first
viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not
apply.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Notice of Electronic Filing
The following transaction was entered on 3/2/2010 at 1:35 PM PST and filed on 311/2010
Case Name: Log Cabin Republicans v. United States of America et al
Case Number: 2:04-cv-08425-VAP-E
Filer:
Document Number: ill
Docket Text:
ORDER by Magistrate Judge Charles F. Eick. The parties shall have until Thursday, 3/4/10 to
file their supplemental memoranda regarding Plaintiff's motion to compel the production of
documents.(sp)
2:04-cv-08425-VAP-E Notice has been electronically mailed to:
W Scott Simpson scott,simpson@usdoj.gov
Paul G Freeborne pauI.freeborne@usdoj.gov
Patrick 0 Hunnius mscott@whitecase,com, phunnius@whitecase.com, lfujiu@whitecase.com,
phagan@whitecase.com, akahn@whitecase.com, rfeldman@whitecase,com, emiller@whitecase.com
Daniel J Woods dwoods@whitecase.com
Ryan Bradley Parker ryan.parker@usdoj.gov
2:04-cv-08425-VAP-E Notice has been delivered by First Class U. S. Mail or by fax to: :
1
Parker. Ryan (CIV)
From:
Sent:
To:
Subject:
Tuesday, October 12, 20102:14 PM
al Judgment
This is an automatic e-mail message generated by the CMlECF system. Please DO NOT RESPOND to
***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions.
The following transaction was entered on 10/12/2010 at 11: 13 AM PDT and filed on 10/12/2010
Filer:
WARNING: CASE CLOSED on 10112/2010
Document Number: 252
Docket Text:
JUDGMENT AND PERMANENT INJUNCTION filed by Judge Virginia A. Phillips (MD JS-6. Case
Terminated)(am)
W Scott Simpson scott.simpson@usdoj.goY
Patrick 0 Hunnius patrick.hunnius@dlapiper.com
Aaron Alexander Kahn mcscott@whitecase.com, dmyers@whitecase.com, lfuiiu@whitecase.com, faenlle-
rocha@whitecase.com, aakahn@whitecase.com, rmccall@whitecase.com, phagan@whitecase.com,
rfeldman@whitecase.com
Earle D Miller emiller@whitecase.com
Timothy Michael Rusche bguerra@seyfarth.com, trusche@seyfarth.com
Joshua Edward Gardner joshua.e.gardner@usdoj.goY
Paul G Freeborne paul.freeborne@usdoj.goY
Daniel J Woods nclarke@whitecase.com, dwoods@whitecase.com, crieck@whitecase.com,
fminadeo@whitecase.com
1
Fernando L Aenlle-Rocha dlew@whitecase.com, faenlle-rocha@whitecase.com
C Martin Meekins
White and Case
633 West 5th Street, Suite 1900
Los Angeles CA 90071
Devon Anne Myers
White and Case
US
2
Parker. Ryan (CIV)
From:
Sent:
To:
Subject:
Thursday, October 21, 2010 5:06 PM
al USCA Order
This is an automatic e-mail message generated by the CMIECF system. Please DO NOT RESPOND to
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits
attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of
all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees
apply to all other users. To avoid later charges, download a copy of each document during this first
viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not
apply.
The following transaction was entered on 10/21/2010 at 2:05 PM PDT and filed on 10120/2010
Filer:
WARNING: CASE CLOSED on 10112/2010
Document Number: 274
Docket Text:
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, [254] filed by
Donald H Rumsfeld, United States of America, CCA # 10-56634. This court has received
appellant's emergency motion to stay the district court's October 12, 2010 order pending
appeal. The order is stayed temporarily in order to provide this court with an opportunity to
consider fully the issues presented. Appellee may file an opposition to the motion for a stay
pending appeal by 10/25/10. To expedite consideration of the motion, no reply shall be filed.
Order received in this district on 10/20/10. (car)
W Scott Simpson scott.simpson@usdoj.gov
Earle D Miller emiller@whitecase.com
Joshua Edward Gardner joshua.e.gardner@usdoj.gov
Paul G Freeborne paul.freeborne@usdoj.gov
Fernando L Aenlle-Rocha faenlle-rocha@whitecase.com, dlew@whitecase.com
liel J Woods crieck@whitecase.com, fminadeo@whitecase.com, nclarke@whitecase.com,
Jods@whitecase.com
.aron Alexander Kahn mcscott@whitecase.com, dmyers@whitecase.com, lfujiu@whitecase.com, faenlle-
rocha@whitecase.com, aakahn@whitecase.com, rmccall@whitecase.com, phagan@whitecase.com,
rfeldman@whitecase.com
Devon Anne Myers
White and Case
US
2

11-05-06 FOIA Request On The USODJ and Response in Re - Log Cabin Republicans V USA Et Al (2-04-Cv-08425) in The US District Court, Central District of California S

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11-05-06 FOIA Request On The USODJ and Response in Re - Log Cabin Republicans V USA Et Al (2-04-Cv-08425) in The US District Court, Central District of California S

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