Judge strikes down “don’t ask, don’t tell”

An injunction has been issued against the U.S. military policy that bans openly gay servicemembers.

U.S. Federal Judge Virginia Phillips ruled yesterday that the “don’t ask, don’t tell” policy violates the First Amendment rights of American servicemembers and has a negative impact on the U.S. military by lowering recruitment rates and forcing the discharge of skilled soldiers. Phillips issued an injunction against enforcement of the policy, and Justice Department officials now have 60 days to appeal. They are under no obligation to do so, but Barack Obama may insist they fight the ruling, as he has stated he would prefer that Congress, not a judge, repeal the policy. Under the rule, the army can't inquire about the sexual orientation of a servicemember, but can discharge anyone who is openly gay or is discovered to have committed homosexual acts, even in the privacy of their homes.