Federal Judge: "Don't Ask, Don't Tell" Is Unconstitutional

SoCal judge says the policy has a "direct and deleterious effect" on the armed services

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    AP
    IU.S. Army soldiers from 4th Battalion, 9th Infantry Regiment salute during the casing ceremony for 4th Brigade, 2nd Infantry Division, the last American combat brigade to serve in Iraq, at Camp Virginia, Kuwait. The number of U.S. troops in Iraq has fallen below 50,000 for the first time since the 2003 U.S.-led invasion and ahead of the end-of-the-month deadline mandated by President Barack Obama, the American military said in a statement Tuesday. The number is a watershed _ American forces will no longer conduct combat operations in the country but are instead to train Iraqi troops and help with counter terrorism operations, if asked for by the Iraqis.

    A federal judge in Riverside ruled on Thursday that the military's "don't ask, don't tell" policy, a ban on openly gay service members, is unconstitutional because it violates the First Amendment rights of gay and lesbians, according to the Associated Press.

    U.S. District Judge Virginia Phillips granted a request for an injunction halting the government's "don't ask, don't tell" policy for gays in the military.

    Phillips said the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.

    The lawsuit was the biggest legal test of the law in recent years and came amid promises by President Barack Obama that he will work to repeal the policy.

    The president was met with shouts to repeal "don't ask, don't tell" during his visit to LA in April.

    "Repeal 'Don't ask, don't tell,'" an audience member yelled to Obama at a fundraiser for Sen. Barbara Boxer's re- election campaign.

    Another protester yelled, "It's time for equality for all Americans."

    Phillips decision comes just a month after Chief U.S. District Judge Vaughn Walker overturned California's voter-approved ban on same-sex marriage, Prop 8.

    Before Phillips ruled on the issue, government lawyers argued that the federal judge lacked the authority to issue a nationwide injunction and the issue should be decided by Congress.

    The U.S. House voted in May to repeal the policy, and the Senate is expected to address the issue this summer.

    "Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base.

    The injunction was sought by the Log Cabin Republicans, a 19,000-member group that includes current and former military members. The group said more than 13,500 service members have been fired since 1994.

    Attorney Dan Woods, who represents the group, contended in closing arguments of the nonjury trial that the policy violates gay military members' rights to free speech, due process and open association.

    He also argued that the policy damages the military by forcing it to reject talented people as the country struggles to find recruits in the midst of a war.

    U.S. Department of Justice attorney Paul G. Freeborne argued that the policy debate is political and the issue should be decided by Congress rather than in court.

    Six military officers who were discharged under the policy testified during the trial. A decorated Air Force officer testified that he was let go after his peers snooped through his personal e-mail in Iraq.

    Lawyers also submitted remarks by Obama stating "don't ask, don't tell" weakens national security.