The “don’t ask, don’t tell” policy toward gay members of the military is unconstitutional, a federal judge in California ruled Thursday.
Judge Virginia A. Phillips of Federal District Court struck down the rule in an opinion issued late in the day. The policy was signed into law in 1993 as a compromise that would allow gay and lesbian soldiers to serve in the military.
The rule limits the military’s ability to ask about the sexual orientation of service members, and allows homosexuals to serve as long as they do not disclose their orientation and do not engage in homosexual acts.
The plaintiffs, challenged the law under the Fifth and First Amendments to the Constitution, and Judge Phillips agreed.
“The don’t ask, don’t tell act infringes the fundamental rights of United States service members in many ways,” she wrote. “In order to justify the encroachment on these rights, defendants faced the burden at trial of showing the don’t ask, don’t tell act was necessary to significantly further the government’s important interests in military readiness and unit cohesion. Defendants failed to meet that burden.”
The suit was brought by the Log Cabin Republicans, a conservative gay organization. The group’s executive director, R. Clarke Cooper, pronounced himself “delighted” with the ruling, which he called “not just a win for Log Cabin Republican service members but all American service members.”
Naturally, B. Arthur Blatt
has already enlisted in the military is attacking the ruling. And he'll keep on doing so unless and until Sarah Palin tells him to stand down.