Calif judge to stop 'don't ask, don't tell' policy
Sep 10, 2010 6:50:00 AM - thestate.com
A federal judge said she will issue an order to halt the military's "don't ask, don't tell" policy, after she declared the ban on openly gay service members unconstitutional.
U.S. District Judge Virginia Phillips ruled Thursday that the prohibition on openly gay military service members was unconstitutional because it violates the First and Fifth Amendment rights of gays and lesbians.
The policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services by hurting recruitment efforts during wartime and requiring the discharge of service members who have critical skills and training, she said.
The Log Cabin Republicans sued the federal government in 2004 to stop the policy. Phillips will draft the injunction with input from the group within a week, and the federal government will have a week to respond.
Government lawyers said the judge lacked the authority to issue a nationwide injunction.
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