'Don't Ask, Don't Tell' Ruled Unconstitutional

Law360, New York (September 10, 2010, 12:15 PM EDT) -- A federal judge has ruled that the “don’t ask, don’t tell” policy barring homosexuals and bisexuals from serving openly in the U.S. military violates due process and free speech rights protected by the U.S. Constitution.

Judge Virginia Phillips of the U.S. District Court for the Central District of California ruled Thursday that the controversial policy treads on service members’ freedom of association, thought, expression and intimate conduct guaranteed by the First and Fifth amendments.

In an 86-page memorandum opinion, Judge Phillips argued that DADT wrongfully prevented...
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