Legal Opinion

Cook v. Gates

Court of Appeals for the First Circuit

Decided June 9, 2008No. 06-2313, 06-2381PublishedCited by 89 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 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. Id. § 654(b). In the aftermath of this congressional action, several members of the military brought constitutional challenges, claiming the Act violated the due process and equal protection components of the Fifth Amendment and the…

2Cases cited80 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Roe v. WadeSupreme Court of the United States · 1973
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Griswold v. ConnecticutSupreme Court of the United States · 1965

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3Cited by89 opinions

  1. Young v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
  2. Freeman v. Town of HudsonCourt of Appeals for the First Circuit · 2013
  3. Giragosian v. RyanCourt of Appeals for the First Circuit · 2008
  4. Decotiis v. WhittemoreCourt of Appeals for the First Circuit · 2011
  5. Massachusetts v. United States Department of Health & Human ServicesCourt of Appeals for the First Circuit · 2012

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