Constitutional Law

Judge Strikes 'Don't Ask, Don't Tell' Policy

A federal judge in Southern California issued an injunction today that bans the U.S. military from enforcing its 17-year-old “don’t ask, don’t tell” policy concerning gay and lesbian service members anywhere in the world.

The policy violates their constitutional rights, held U.S. District Judge Virginia Phillips, including due process, freedom of speech and the right to seek redress, reports the Associated Press.

“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson. He serves as executive director of Servicemembers United, a group of gay and lesbian troops and veterans.

It isn’t yet clear whether the Obama administration will appeal the ruling.

A subsequent New York Times article provides additional details.

Updated at 8 p.m. to link to New York Times article.

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.