“Don’t Ask, Don’t Tell” Military Policy Unconstitutional
The “Don’t Ask, Don’t Tell” policy currently implemented to the gay members of the military has been ruled as unconstitutional by a southern California federal judge Thursday, September 9.
Judge Virginia Phillips said that the policy violates the 1st Amendment rights of gay and lesbian members of the military. She issued an injunction against the government policy. She also declared that the policy does not preserve military readiness, and that in fact has a “direct and deleterious effect’’ on the armed services personnel. Her decision was written in 86 pages.
Meanwhile government lawyers said that the judge does not have jurisdiction to issue a nationwide injunction and further stressed out that Congress should tackle it.
The policy was implemented in 1994 as a compromise to the Bill Clinton administration, which was pushing to allow open gays in the service. It restricts the military from efforts to discover or reveal closeted gay, lesbian, and bisexual service members or applicants, while barring those who are openly gay, lesbian, or bisexual from military service. It also prohibits any homosexual or bisexual person from disclosing his or her sexual orientation or from speaking about any homosexual relationships, including marriages or other familial attributes, while serving in the United States armed forces.