Federal judge rules 'don't ask, don't tell' policy is unconstitutional

"A federal judge in Riverside (CA) on Thursday declared the U.S. military's ban on openly gay service members unconstitutional, saying the "don't ask, don't tell" policy violates the 1st Amendment and due process rights of lesbians and gay men.

U.S. District Judge Virginia A. Phillips said the policy does not preserve military readiness, contrary to what Justice Department attorneys and many supporters have argued, because evidence shows that the policy in fact has had a "direct and deleterious effect" on the armed services.

Phillips said she would issue an injunction barring the government from enforcing the policy. However, the Justice Department, which defended "don't ask, don't tell" during a two-week trial in Riverside, will have an opportunity to appeal that decision.

Thursday's ruling came in a case filed in 2004 by the Log Cabin Republicans, the largest gay GOP political organization. It is the first successful legal challenge to the policy since Congress enacted it in 1993.

In her 85-page ruling, Phillips offered a scathing critique of the ban on gays serving openly. She noted that the military has since permitted more convicted felons to enlist and that both President Obama and the chairman of the Joint Chiefs of Staff have called for the repeal of "don't ask, don't tell.""

Read the full story from the LA Times