A California federal judge has ruled the US military's ban on openly gay service members violates the Constitution. The Washington Post reports it's the most recent in a string of court rulings overturning restrictions on the rights of gay men and lesbians. US District Judge Virginia A. Phillips has found the 'don't ask, don't tell' policy is a violation of due process and First Amendment rights. She said instead of being necessary for military readiness, the policy has a 'direct and deleterious effect' on the armed services. It follows a two-week trial in July by experts and former service members. Her decision reads "All of these examples demonstrate that the act's restrictions on speech not only are broader than reasonably necessary to protect the government's substantial interests, but also actually serve to impede military readiness and unit cohesion rather than further these goals." She granted a request for an injunction to stop the military from discharging openly gay service members, but allowed the government time to appeal the ruling.
Credit: GayNZ.com Daily News staff
First published: Sunday, 12th September 2010 - 3:20pm