Monday, 20 September 2010

MaltaToday: US gay military ban ‘unconstitutional’


Don't ask, don't tell: Federal judge in California rules ban on gay soldiers to be unconstitutional.

California Federal Judge declares ‘Don’t Ask, Don’t Tell’ policy banning gays from serving in the US military to be unconstitutional.

In a huge and important legal decision, a California judge yesterday ruled the ‘Don’t Ask, Don’t Tell’ policy that bars gay and lesbian soldiers from serving in the US military to be unconstitutional.

The Judge described the ban as “violating the first and fifth amendment rights of homosexuals and harmed the effectiveness of the armed forces.”

US District Court Judge Virginia Phillips granted a request for an injunction halting ‘Don’t Ask, Don’t Tell’ from operating, saying evidence showed that it had a “direct and deleterious effect” on the military.

In her ruling, Judge Phillips mentioned a decline in morale of troops who saw qualified gay and lesbian colleagues forced out of the military because of their sexual orientation.

The decision puts the White House in state of perplexity as it comes at a time when the Obama administration is in the middle of a cautious attempt to lift the ban on homosexuals serving openly in the US military.

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