RIVERSIDE – A federal judge ruled late today that the military’s “Don’t Ask, Don’t Tell” policy is unconstitutional.

U.S. District Court Judge Virginia Phillips of Riverside declared that the Clinton-era law violates the First and Fifth Amendments, agreeing with arguments made by the plaintiffs that the policy violates the rights to free speech, due process and open association.

Judge Phillips said she would issue an injunction ordering the government to stop enforcing the policy, but the ruling will likely be appealed.

The lawsuit seeking to halt the military’s “Don’t Ask, Don’t Tell” (DADT) policy, which prevents gays and lesbians from serving their country openly, was filed by the Log Cabin Republicans. The gay political group set the groundwork for the lawsuit several years ago.

President Barack Obama declared during his State of the Union speech in January that he wanted the discriminatory policy repealed.

But Congress became bogged down during winter and spring with the health-care reform efforts, and DADT took a backseat. Gay rights supporters nationwide began protesting the lack of action on the issue.

Finally, on May 27, the House voted to repeal DADT. The Senate may debate the issue this fall, and Judge Phillips' ruling may prompt the Senate to take action.

Meanwhile, the lawsuit filed in Riverside went forward, and it forced the government to defend a policy that the president and the House want repealed.

Judge Phillips allowed the case to go to trial despite arguments from the defense that Congress should decide the issue, not a federal judge.

The plaintiffs put on the stand a broad group of witnesses, including victims of the DADT policy and military experts from nations where gay and lesbian troops serve alongside straight servicemembers.

Ironically, the attorneys for the Log Cabin Republicans have used the anti-DADT statements of President Obama, a Democrat, to bolster their case.

Further reading on the case

http://sdgln.com/news/2010/07/23/dadt-court-case-wrapping-today-district...

http://sdgln.com/causes/2010/07/20/dadt-victim-testify-today-log-cabin-r...

http://sdgln.com/news/2010/07/14/video-federal-court-riverside-hears-log...

http://sdgln.com/news/2010/06/30/log-cabin-republicans-dadt-lawsuit-go-t...