Friday, September 10, 2010

Federal Judge Overturns 'Don't Ask, Don't Tell'

Just for a change, today we have some sane news:

A Federal Judge in California has ruled that the ban on gays in the military violates the Constitutional rights of gay and lesbian soldiers to due process and to freedom of expression. . The Log Cabin Republicans filed the lawsuit against Defense Secretary Robert Gates, and Phillips cited in her ruling the Obama administration's desultory defense. District Court Judge Virginia Phillips -- a Clinton appointee -- also wrote that the policy has had a "deleterious effect" on the military and issued an injunction restraining the military from enforcing the policy, though the government may appeal.

"[D]efendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the act," she wrote.

Yet according to the LA Times, Obama's Justice Department "vigorously defended 'don’t ask, don’t tell' and even tried to undercut the case with a technical legal challenge . ."

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