A federal judge in Riverside declared the U.S. military’s ban on openly gay service members unconstitutional Thursday, saying the “don't ask, don't tell” policy violates the 1st Amendment rights of lesbians and gay men.As noted in the final quoted graf, this decision does not necessarily spell an immediate end to the military's policy on gay service members; the Court of Appeals for the Ninth Circuit, and eventually the Supreme Court, may have its say in the case as well. That said, this is an important ruling inasmuch as it lays down a marker and moves the debate over ending "Don't Ask, Don't Tell" forward.
U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.
Phillips said she would issue an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.
[UPDATE at 11:13 PM]: More here from Chris Geidner.
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