Holmes v. California National Guard

Opinion

McGUINESS, P. J.

These consolidated appeals arise from a potential conflict between the equal protection and free speech guarantees of the California Constitution and the constraints imposed by preemptive federal law with respect to the policy based on sexual orientation known as “Don’t Ask, Don’t Tell” (the Policy), as applied to individuals on or eligible for state active duty in the California National Guard. The trial court below declared California Army National Guard Regulation No. 600-1, paragraph 6(d) (hereinafter the Regulation) facially unconstitutional under the California…