The First Circuit issued an important decision in Cook v. Gates. The plaintiffs challenged the “Don’t Ask, Don’t Tell” law on a number of constitutional grounds, including substantive due process, equal protection and the First Amendment’s right to free speech. The First Circuit decision was in favor of the military and against these plaintiffs.
This decision is important to civil libertarians, because it recognizes that private sexual behavior is entitled to intermediate scrutiny.
Read a PDF of the 1st Circuit Decision – Mainstream Articles 1 2 3
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