Sept. 10, 2010 -- WASHINGTON (Reuters) -- The U.S. military rule banning openly gay people from serving in the armed forces violates constitutional rights to free speech and due process, a federal judge in southern California ruled Thursday.
U.S. District Court Judge Virginia Phillips said she would issue an injunction barring the government from enforcing the policy, and that the Justice Department would have the opportunity to appeal.
"Plaintiff has demonstrated it is entitled to the relief sought on behalf of its members, a judicial declaration that The Don't Ask, Don't Tell Act violates the Fifth and First Amendments," Phillips said.
The order came in a lawsuit against the government and Defense Secretary Robert Gates by the Log Cabin Republicans on behalf of some of its members.
