Judge Declares 'Don't Ask, Don't Tell' Unconstitutional

A federal judge in California ruled Thursday that the law that forbids openly gay people from serving in the military is unconstitutional, The Los Angeles Times reported.

U.S. District Court Judge Virginia A. Phillips said the "don't ask, don't tell" policy violates the 1st Amendment rights of gay and lesbian service members and has had a "direct and deleterious effect" on the military.

Phillips said she would issue an injunction ordering the government to stop enforcing "don't ask, don't tell." But the Justice Department, which argued for the 1993 law during a two-week trial, will have an opportunity to appeal the decision, the Times said.
The case was filed by the Log Cabin Republicans, the largest political organization for gays in the GOP, in 2004.

President Barack Obama has said he would work to do away with the controversial policy. In May the House voted to repeal it, and the Senate is expected to take up the issue soon.

"Don't ask, don't tell," instituted during the Clinton administration, forbids the military from asking about the sexual orientation of service members but requires those who are openly gay to be discharged.

Supporters claim the law helps preserve military readiness.

Here is the text of the ruling from the New York Times.