Friday, September 10, 2010

Federal court rules "Don't ask, don't tell" unconstitutional

"Don't ask, don't tell," a policy that bars gays and lesbians from openly serving in the American military, was found unconstitutional by a federal court in California.

Via CNN:

"Plaintiff has demonstrated it is entitled to the relief sought on behalf of its members, a judicial declaration that the don't ask, don't tell act violates the Fifth and First Amendments, and a permanent injunction barring its enforcement," concluded U.S. District Judge Virginia Phillips, a 1999 Clinton appointee.
"The act discriminates based on the content of the speech being regulated," Phillips wrote. "It distinguishes between speech regarding sexual orientation, and inevitably, family relationships and daily activities, by and about gay and lesbian servicemembers, which is banned, and speech on those subjects by and about heterosexual servicemembers, which is permitted."

While this ruling is likely to be in the appeal process for a while, Congress is still in a position to repeal DADT and make this ruling a reality in the military.



Tiberius said...

Well it's about time. I just hope this doesn't get appealed to the Supreme Court because this one would probably reverse that decision.

Anonymous said...

Took me time to read the whole article, the article is great but the comments bring more brainstorm ideas, thanks.

- Johnson