Cook v. Gates, 528 F.3d 42 (1st Cir. 2008), is a decision on July 9, 2008, of the United States Court of Appeals for the First Circuit that upheld the "Don't ask, Don't tell" (DADT) policy (Title 10, Section 654) against due process and equal protection Fifth Amendment challenges and a free speech challenge under the First Amendment, and which found that no earlier Supreme Court decision held that sexual orientation is a suspect or quasi-suspect classification.