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

The judge plans to issue an injunction preventing the government from barring openly gay service members. The Justice Dept., which defended the policy during the trial, can appeal the decision.

A federal judge in Riverside 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.