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Cook v. Rumsfeld

Marriage and Family

About this Case

Former members of U.S. military sued the federal government, alleging that the “Don't Ask, Don't Tell” statute requiring separation of openly homosexual members violated the Due Process, Equal Protection, and Free Speech Clauses of the Constitution. The U.S. District Court dismissed the plaintiffs’ action, and they appealed to the U.S. Court of Appeals for the 1st Circuit.

Summary of NLF's Brief

The "Don't Ask Don't Tell" (DADT) policy is constitutional because it does not discriminate on the basis of homosexual status.  The DADT policy is not based upon anti-homosexual prejudice, but rather on important considerations of military life.  The DADT policy is constitutional, because it supports the military goals of promoting unit cohesion, reducing sexual tension, and protecting privacy.

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