HopeTracker| US District Judge Virginia A. Phillips declared the military’s ban on openly gay service members unconstittutional on Thursday, ruling that ‘don’t ask, don’t tell’ violates the 1st Amendment and due process rights of lesbians and gay men.
Judge Phillips said the policy does not preserve military readiness, contrary to what Justice Department attorneys and many supporters have argued. Rather, evidence indicates that in reality, the policy has had a “direct and deleterious effect” on the armed services.
The court will issue an injunction barring the government from enforcing ‘don’t ask, don’t tell’, although an appeal by the Justice Department is possible. via LATimes