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Judge Rules Against 'Don't Ask, Don't Tell,' Again

7:27 PM, Oct 12, 2010 • By JOHN MCCORMACK
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A federal judge in California has ruled, for a second time, that the United States Constitution includes a right of gays to serve openly in the military:

A federal judge issued a worldwide injunction Tuesday stopping enforcement of the “don’t ask, don’t tell” policy, ending the U.S. military’s 17-year-old ban on openly gay troops…

U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say they are under no legal obligation to do so and could let Phillips’ ruling stand…

“The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the miltiary for fighting and dying for our country,” said Dan Woods, an attorney for the Log Cabin group.

Government attorneys objected, saying such an abrupt change might harm military operations in a time of war. They had asked Phillips to limit her ruling to the members of the Log Cabin Republicans, a 19,000-member group that includes current and former military service members.

Alternate headline from Ace: Federal Judge: We've Decided Democracy Is Unconstitutional.

For the case for keeping DADT, see Stuart Koehl's "Don't Repeal 'Don't Ask, Don't Tell.'"

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