The Justice Department had unsuccessfully sought to have the suit dismissed, arguing that as long as Congress had a rational basis for passing DADT in 1993, then it is constitutional.

[3] Phillips advised the parties pre-trial that she would not apply rational basis review, the lowest level of constitutional scrutiny, to the case.

Instead, in accordance with the ruling by the United States Court of Appeals for the Ninth Circuit in Witt v. Department of the Air Force, she would apply intermediate scrutiny,[4] meaning to be constitutional, DADT must significantly further an important governmental interest that can be advanced in no other way.

On November 12, the United States Supreme Court denied an application by the Log Cabin Republicans to vacate the stay.

[11][12] On September 9, 2010, Judge Phillips ruled in favor of plaintiffs, finding that DADT violates the First and Fifth Amendments to the United States Constitution.

Phillips also found that DADT violates LGBT personnel's right of association, as it prohibits them from openly joining organizations like LCR for fear of reprisal, thereby depriving them of their ability to petition the government for redress of grievances.

Phillips further ruled that DADT violates LGBT personnel's substantive due process rights, as articulated in Lawrence v. Texas, associated with the "'autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.

[6][18][19] Plaintiffs' attorney Woods said "the order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military who are fighting and dying for our country.

[34] On July 6, 2011, a three-judge panel of the U.S. Ninth Circuit Court of Appeals lifted the stay of Judge Phillips' ruling and ordered the military to cease enforcement of DADT.

[38] On November 9, 2011, the Court denied LCR's motion to hear the case en banc, stating that none of the judges voted to rehear it.