Calif judge to stop 'don't ask, don't tell' policy

A federal judge said she will issue an order to halt the military's "don't ask, don't tell" policy, after she declared the ban on openly gay service members unconstitutional.

By RAQUEL MARIA DILLON

Associated Press Writer

A federal judge said she will issue an order to halt the military's "don't ask, don't tell" policy, after she declared the ban on openly gay service members unconstitutional.

U.S. District Judge Virginia Phillips ruled Thursday that the prohibition on openly gay military service members was unconstitutional because it violates the First and Fifth Amendment rights of gays and lesbians.

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Government lawyers said the judge lacked the authority to issue a nationwide injunction.

The U.S. Department of Justice can appeal the ruling but the government has not announced what it intends to do. After-hours e-mails and calls requesting comment from government attorney Paul G. Freeborne and from the Pentagon were not immediately returned Thursday evening.

The case was the biggest legal test of the law in recent years and came amid promises by President Barack Obama that he will work to repeal the policy.

Continues @ SeattleTimes.nwsource.com

Good development.