Notes of Decisions
Cited in
76
cases (
3 in the last 5 years), 1994–2023 · leading case:
Cook v. Gates, 528 F.3d 42 (1st Cir. 2008).
Cook v. Gates, 528 F.3d 42 (1st Cir. 2008).
· cites it 32× “10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act.”
Thomasson v. Perry, 80 F.3d 915 (4th Cir. 1996).
· cites it 25× “Thomas-son challenges the constitutional validity of Section 571 of the National Defense Authorization Act for Fiscal Year 1994, 10 U.S.C. § 654 , and the Department of Defense Directive that governs homosexuality in the military, pursuant to which Thomasson received an…”
United States v. Marcum, 60 M.J. 198 (C.A.A.F. 2004).
· cites it 9× “Moreover, with respect to the military, the Government contends that Congress definitively addressed homosexual sodomy by enacting 10 U.S.C. § 654 (2000). According to the 20 United States v.”
Lawrence v. Texas, 539 U.S. 558 (2003).
· cites it 4× “(1975); that in some cases such "discrimination" is mandated by federal statute, see 10 U. S. C. § 654 (b)(1) (mandating discharge from the Armed Forces of any service member who engages in or intends to engage in homosexual acts); and that in some cases such "discrimination" is…”
Kerrigan v. Comm'r of Pub. Health, 957 A.2d 407 (Conn. 2008).
· cites it 8× “1547 , 1670 (1993) (codified as amended at 10 U.S.C. § 654 ), pursuant to which a service member who has engaged in, intends to engage in or is likely to engage in homosexual conduct will be ordered separated from the armed services.”
Witt v. Dep't of the Air Force, 527 F.3d 806 (9th Cir. 2008).
· cites it 8× “Major Witt alleges that 10 U.S.C. § 654 , commonly known as the "Don't Ask, Don't Tell" policy ("DADT"), violates substantive due process, the Equal Protection Clause, and procedural due process.”
Bostock v. Clayton Cnty., 590 U.S. 644 (2020).
· cites it 2× “3515 (repealing 10 U. S. C. §654 , which required members of the Armed Forces to be separated for engaging in homosexual conduct).”
Witt v. Dep't of Air Force, 548 F.3d 1264 (9th Cir. 2008).
· cites it 28× “Major Margaret Witt, an Air Force reservist nurse, was suspended from the Air Force when a military board found, after a two-day hearing, that she "had engaged in homosexual acts and had stated that she was a homosexual in violation of [ 10 U.”
United States v. Collier, 67 M.J. 347 (C.A.A.F. 2009).
· cites it 5× “08-0495; 10 U.S.C. § 654 (a)(14) (2000). The defense opposed the motion, arguing that the Sixth Amendment guarantees the right to confront and cross-examine witnesses and that the limitation requested by the Government violated those rights.”
Log Cabin Republicans v. United States, 716 F. Supp. 2d 884 (C.D. Cal. 2010).
· cites it 25× “Plaintiff Log Cabin Republicans attacks the constitutionality of the statute known as the “Don’t Ask, Don’t Tell” Act (“the Act” or “the Policy”), found at 10 U.S.C. § 654 , and its implementing regulations.”
United States v. Johnson, 61 M.J. 195 (C.A.A.F. 2005).
· cites it 6× “10 U.S.C. § 654 (b) (2000). This policy is based upon congressional findings that “[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and…”
10 U.S.C. § 654(a)(12): 1 case
Cook v. Gates, 528 F.3d 42 (1st Cir. 2008).
“10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act.”
10 U.S.C. § 654(b)(1): 1 case
Thomasson v. Perry, 80 F.3d 915 (4th Cir. 1996).
“Thomas-son challenges the constitutional validity of Section 571 of the National Defense Authorization Act for Fiscal Year 1994, 10 U.S.C. § 654 , and the Department of Defense Directive that governs homosexuality in the military, pursuant to which Thomasson received an…”
10 U.S.C. § 654(b)(2): 2 cases
Log Cabin Republicans v. United States, 716 F. Supp. 2d 884 (C.D. Cal. 2010).
“Plaintiff Log Cabin Republicans attacks the constitutionality of the statute known as the “Don’t Ask, Don’t Tell” Act (“the Act” or “the Policy”), found at 10 U.S.C. § 654 , and its implementing regulations.”
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