District Court, E.D. Virginia November 20, 1996, Civil Action 95-369-A (Thorne v. United States Department of Defense)

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff in this action attacks the Department of Defense’s (“DoD”) controversial “Don’t Ask, Don’t Teh” Plan (the “Plan”) as violative of the First Amendment. It is not the “Don’t Ask” but the “Don’t Tell” portion of the Plan that is the target of plaintiffs constitutional challenge.