Federal Judge Declares ‘DADT,,,Delete! didn't see it already posted!

[napi21]

http://www.globalshift.org/2010/09/09/federal-judge-declares-dadt-unconstitutional/

A federal judge in Riverside, Calif. has taken the first step towards nationally undercutting the long-held policy of “Don’t Ask, Don’t Tell” by declaring the military’s ban on openly gay service members unconstitutional earlier today. Citing the provision that it violates the rights of lesbians and gay men attempting or already serving, U.S. District Court Judge Virginia A. Phillips insisted that the policy had a “direct and deleterious effect” on the military.

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 writes in her official memorandum on the case, the full text of which can be accessed here.

In her 86-page decision responding to the court challenge of the policy, Phillips, a Clinton appointee, also asserted that the 17-year-old policy violated the First Amendment rights of gay service members. “Don’t Ask, Don’t Tell” was heavily scrutinized during the two-week non-jury trial in July. The lawsuit was originally filed in 2004.

“The plaintiffs’ lead attorney, Dan Woods, argued ‘Don’t Ask, Don’t Tell’ was unconstitutional based on the U.S. Supreme Court’s findings in the 2003 case of Lawrence v. Texas, in which the justices struck down the Lone Star State’s anti-sodomy laws, declaring sexual conduct constitutionally protected,” staff writers at The Desert Sun report. “Woods also said the Ninth Circuit Court of Appeals’ decision in Witt v. U.S. Air Force so attenuated the ‘Don’t Ask, Don’t Tell’ policy as to make it virtually inapplicable.”